NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 10-MAR-2022 09:10 AM Dkt. 32 OGMD NO. CAAP-XX-XXXXXXX IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI#I WILMINGTON TRUST, NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY IN ITS CAPACITY AS TRUSTEE OF MFRA TRUST 2015-1, Plaintiff-Appellee, v. DARRY MASATOSHI HASHIDA, Defendant-Appellant, and BENEFICIAL FINANCIAL I INC.; UNITED STATES OF AMERICA; STATE OF HAWAI#I, DEPARTMENT OF TAXATION; VILLAGE PARK 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. 1CC121002843) ORDER GRANTING MOTION TO DISMISS APPEAL (By: Ginoza, Chief Judge, Leonard and McCullen, JJ.) Upon consideration of the Stipulation for Dismissal With Prejudice (Stipulation), filed February 24, 2022, by Plaintiff-Appellee Wilmington Trust, National Association, not in Its Individual Capacity but Solely in Its Capacity as Trustee of MFRA Trust 2015-1, the papers in support, and the record, it appears that: (1) the appeal has been docketed; (2) the parties stipulate to dismiss the appeal with prejudice; (3) the Stipulation is dated and signed by counsel for all parties appearing in the appeal; (4) the record reflects that appellate filing fees were paid; NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER (5) the Stipulation does not specify the terms as to payment of costs, as set forth in Hawai#i Rules of Appellate Procedure (HRAP) Rule 42(b); and (6) because the requirements for a stipulation under HRAP Rule 42(b) have not been met, we construe the Stipulation as a motion under HRAP Rule 42(b). Therefore, IT IS HEREBY ORDERED that the motion to dismiss is granted and the appeal is dismissed with prejudice. DATED: Honolulu, Hawai#i, March 10, 2022. /s/ Lisa M. Ginoza Chief Judge /s/ Katherine G. Leonard Associate Judge /s/ Sonja M.P. McCullen Associate Judge 2