First Hawaiian Bank v. Palmer ( 2021 )

NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER
Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
29-SEP-2021
08:23 AM
Dkt. 27 OGMD
NO. CAAP-XX-XXXXXXX
IN THE INTERMEDIATE COURT OF APPEALS
OF THE STATE OF HAWAI#I
FIRST HAWAIIAN BANK, Plaintiff-Appellee, v.
TARA BOSKOFF PALMER, Defendant-Appellant,
LAKEVIEW LOAN SERVICING, LLC, Defendant-Appellee,
JOHN DOES 1-10; JANE DOES 1-10; DOE PARTNERSHIPS 1-10;
DOE CORPORATIONS 1-10; DOE ENTITIES 1-10;
DOE GOVERNMENTAL UNITS 1-10, Defendants
APPEAL FROM THE CIRCUIT COURT OF THE SECOND CIRCUIT
(CIVIL NO. 2CC191000040)
ORDER GRANTING IN PART MOTION TO DISMISS APPEAL
(By: Ginoza, Chief Judge, Nakasone and Fujise, JJ.)
Upon consideration of the July 26, 2021 Motion to
Dismiss Appeal (motion) by Defendant-Appellant Tara Boskoff
Palmer (Appellant), the papers in support, and the record, it
appears that Appellant requests her appeal be dismissed pursuant
to a settlement with Plaintiff-Appellee First Hawaiian Bank on
the condition that this court remand the case to the circuit
court for further proceedings.
"[T]he withdrawal [of an appeal] not only terminat[es]
the appellate proceedings and restore[s] the lower court's
jurisdiction . . . and operated instantly as a matter of law to
vacate the appeal as far as the decree and rights of the parties
were concerned precisely as though no appeal had been taken,
there being an absence of statute to the contrary in this
territory." Jay v. Jay 37 Haw. 34, 37 (Terr. 1944); see also,
Solarana v. Indus. Elecs., Inc., 50 Haw. 22, 31, 428 P.2d 411,
417–18 (1967) quoting Jay ("Plaintiff's withdrawal of the prior
NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER
appeal operated 'precisely as though no appeal had been
taken.'"). There appears good cause to grant in part Appellant's
motion to dismiss and an order of remand is denied as
unnecessary.
Therefore, IT IS HEREBY ORDERED that the case is
dismissed. All other requested relief is denied.
DATED: Honolulu, Hawai#i, September 29, 2021.
/s/ Lisa M. Ginoza
Chief Judge
/s/ Karen T. Nakasone
Associate Judge
/s/ Alexa D.M. Fujise
Associate Judge
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