Ally Bank v. Hochroth ( 2020 )

NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 11-AUG-2020 08:49 AM NOS. CAAP-XX-XXXXXXX AND CAAP-XX-XXXXXXX IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI#I ALLY BANK, Plaintiff-Appellee, v. JOHN HOCHROTH,Defendant-Appellant, and SABINA MYOHYUNG HOCHROTH, aka SABINA MYO- HYUNG HOCHROTH; ISLAND HOME MORTGAGE, LLC, Defendants-Appellees, and JOHN DOES 1-20; JANE DOES 1-20; DOE CORPORATIONS 1-20; DOE ENTITIES 1-20; and DOE GOVERNMENTAL UNITS 1-20, Defendants APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CIVIL NO. 16-1-0313) ORDER APPROVING STIPULATION FOR DISMISSAL OF APPEALS (By: Leonard, Presiding Judge, and Chan and Wadsworth, JJ.) Upon consideration of the "Stipulation for Dismissal of 1) Appeal Filed September 27, 2018 in CAAP-XX-XXXXXXX and 2) Appeal Filed September 7, 2018 in CAAP-XX-XXXXXXX Consolidated on December 28, 2018" (Stipulation for Dismissal), filed on July 29, 2020, and the records and files herein, it appears that (1) Plaintiff/Counterclaim Defendant-Appellant John Hochroth and Defendant/Counterclaim Plaintiff-Appellee Ally Bank (collectively, the Parties) seek to dismiss the identified appeals with prejudice pursuant to Hawai#i Rules of Appellate Procedure Rule 42(b), (2) the Stipulation for Dismissal is signed by counsel for the Parties to the appeals, and (3) the Parties agree to bear their own attorneys' fees and costs. Therefore, NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER IT IS HEREBY ORDERED that the Stipulation for Dismissal, filed on July 29, 2020, is approved and the appeals are dismissed with prejudice. Each party shall bear their own costs and attorneys' fees on appeal. DATED: Honolulu, Hawai#i, August 11, 2020. /s/ Katherine G. Leonard Presiding Judge /s/ Derrick H.M. Chan Associate Judge /s/ Clyde J. Wadsworth Associate Judge 2