Deutsche Bank National Trust Company v. Calucag ( 2024 )

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 09-JAN-2024 07:58 AM Dkt. 42 OAWST NO. CAAP-XX-XXXXXXX IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI I DEUTSCHE BANK NATIONAL TRUST COMPANY, A NATIONAL ASSOCIATION, AS TRUSTEE OF THE INDYMAC INDX MORTGAGE LOAN TRUST 2006-AR35, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-AR35 UNDER THE POOLING AND SERVICING AGREEMENT DATED NOVEMBER 1, 2006, Plaintiff-Appellee, v. EDMUND MARSHALL DOMINGO CALUCAG and MARIA BELLA SALADINO CALUCAG, Defendants/Crossclaim Defendants-Appellants, and ROYAL KUNIA COMMUNITY ASSOCIATION, Defendant/Crossclaimant-Appellee, and MORTGAGE ENTERPRISE INVESTMENTS (MEI); VIVINT SOLAR, INC., 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. 1CC191001254) ORDER APPROVING STIPULATION TO DISMISS APPEAL (By: Leonard, Presiding Judge, Nakasone and Guidry, JJ.) Upon consideration of the November 27, 2023 "Stipulation for Dismissal with Prejudice of Notice of Appeal Filed May 22, 2023" (Stipulation) filed by Defendants-Appellants Edmund Marshall Domingo Calucag and Maria Bella Saladino Calucag, the papers in support, and the record, it appears that: (1) the appeal has been docketed; (2) the parties to the appeal stipulate to dismiss the appeal and bear their own attorneys' fees and costs on appeal; (3) the Stipulation is dated and signed by NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER counsel for all parties appearing in the appeal; and (4) dismissal is authorized by Hawai i Rules of Appellate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. The parties shall bear their own attorneys' fees and costs on appeal. DATED: Honolulu, Hawai i, January 9, 2024. /s/ Katherine G. Leonard Presiding Judge /s/ Karen T. Nakasone Associate Judge /s/ Kimberly T. Guidry Associate Judge 2