Bank of America, N.A. v. Papadakis ( 2022 )

NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 21-SEP-2022 07:59 AM Dkt. 89 OGMD NO. CAAP-XX-XXXXXXX (Consolidated with No. CAAP-XX-XXXXXXX) IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI#I CAAP-XX-XXXXXXX BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP, formerly known as COUNTRYWIDE HOME LOANS SERVICING LP, Plaintiff-Appellee, v. HARRY PAPADAKIS, NICKY PAPADAKIS, SPIRO ZOGRAFOS, Defendants-Appellees, and DINO ZOGRAFOS, Defendant-Appellant, and BANK OF AMERICA, N.A., HAWAII KAI MARINA COMMUNITY ASSOCIATION, Defendants-Appellees, and JOHN DOES 1-50, JANE DOES 1-50, DOE PARTNERSHIPS 1-50 DOE CORPORATIONS 1-50, DOE ENTITIES 1-50, AND DOE GOVERNMENTAL UNITS 1-50, Defendants-Appellees. APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CIVIL NO. 1CC13100634) AND CAAP-XX-XXXXXXX BANK OF AMERICA, N.A., Plaintiff-Appellee, v. HARRY PAPADAKIS, NICKY PAPADAKIS, SPIRO ZOGRAFOS, Defendants/Crossclaim Defendants-Appellees, and DINO ZOGRAFOS, Defendant/Crossclaim Defendant/Crossclaim Plaintiff-Appellant, and HAWAII KAI MARINA COMMUNITY ASSOCIATION, Defendant/Crossclaim Plaintiff-Appellee, and JOHN DOES 1-10, JANE DOES 1-10, DOE PARTNERSHIPS 1-10, DOE CORPORATIONS 1-10, DOE ENTITIES 1-10, AND DOE GOVERNMENTAL UNITS 1-10, Defendants-Appellees APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CIVIL NO. 1CC141000158) ORDER GRANTING MOTION TO DISMISS WITH PREJUDICE (By: Wadsworth, Presiding Judge, Nakasone and Chan, JJ.) Upon consideration of Defendant/Crossclaim Plaintiff/ Crossclaim Defendant-Appellant Dino Zografos's (Zografos) NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER September 1, 2022 Motion to Dismiss Appeals With Prejudice, the papers in support, the record, and there being no opposition, it appears that (1) Zografos seeks to dismiss this docketed, consolidated appeal with prejudice, with each party to bear their own attorneys' fees and costs; and (2) the requested relief is authorized by Hawai#i Rules of Appellate Procedure Rule 42(b). Therefore, IT IS HEREBY ORDERED that the motion is granted and this consolidated appeal is dismissed with prejudice. Each party shall bear their own attorneys' fees and costs on appeal. IT IS FURTHER ORDERED that all other pending motions are dismissed. DATED: Honolulu, Hawai#i, September 21, 2022. /s/ Clyde J. Wadsworth Presiding Judge /s/ Karen T. Nakasone Associate Judge /s/ Derrick H.M. Chan Associate Judge 2