The Bank of New York Mellon v. Pattison ( 2020 )

NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 23-SEP-2020 09:06 AM NOS. CAAP-XX-XXXXXXX AND CAAP-XX-XXXXXXX IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI#I CAAP-XX-XXXXXXX THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE CWABS, INC., ASSET-BACKED CERTIFICATES, SERIES 2005-AB4, Plaintiff-Appellee, v. KIEL JAMES PATTISON; ASSOCIATION OF APARTMENT OWNERS OF ELIMA LANI CONDOMINIUMS; JOHN DOES 1-20; JANE DOES 1-20; DOE CORPORATIONS 1-20; DOE ENTITIES 1-20; AND DOE GOVERNMENTAL UNITS 1-20, Defendants-Appellants AND CAAP-XX-XXXXXXX THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE CWABS, INC., ASSET-BACKED CERTIFICATES, SERIES 2005-AB4, Plaintiff-Appellee, v. ASSOCIATION OF APARTMENT OWNERS OF ELIMA LANI CONDOMINIUMS; Defendant-Appellant, and KIEL JAMES PATTISON; 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 THIRD CIRCUIT (CIVIL NO. 18-1-118K) ORDER APPROVING STIPULATION FOR DISMISSAL WITH PREJUDICE (By: Chan, Presiding Judge, Hiraoka and Wadsworth, JJ.) Upon consideration of the "Stipulation for Dismissal With Prejudice as to Defendant-Appellant Association of Apartment Owners of Elima Lani Condominiums' Consolidated Appeal" (Stipulation), filed July 20, 2020, by Defendant-Appellant Association of Apartment Owners of Elima Lani Condominiums, the NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER papers in support, and the record, it appears that (1) the appeal has been docketed; (2) the parties appearing in the appeal stipulate to dismiss the appeal with prejudice and bear their own attorneys' fees and costs; (3) the Stipulation is dated and signed by counsel for all parties appearing in the appeal; and (4) dismissal is authorized by Hawai#i Rules of Appellate Procedure Rule 42(b). Therefore, IT IS HEREBY ORDERED that the Stipulation is approved and the appeal is dismissed with prejudice. The parties shall bear their own attorneys' fees and costs on appeal. DATED: Honolulu, Hawai#i, September 23, 2020. /s/ Derrick H.M. Chan Presiding Judge /s/ Keith K. Hiraoka Associate Judge /s/ Clyde J. Wadsworth Associate Judge 2