Opinion
CAAP-14-0001198
05-04-2016
BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP, Plaintiff-Appellee, v. IAO LOOP PROPERTIES, LLC, Intervenor-Defendant-Appellant, and TIMOTHY HERRICK; KAIINIOKAPUUWAI HERRICK; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., SOLELY AS NOMINEE FOR COUNTRYWIDE HOME LOANS, INC.; WAILUKU PARKSIDE ASSOCIATION; 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
NOT FOR PUBLICATION IN WEST'S HAWAI'I REPORTS AND PACIFIC REPORTER APPEAL FROM THE CIRCUIT COURT OF THE SECOND CIRCUIT
(CIVIL NO. 13-1-0349(2)) ORDER APPROVING THE APRIL 27, 2016 STIPULATION FOR DISMISSAL OF APPEAL WITH PREJUDICE
(By: Nakamura, Chief Judge, Fujise and Ginoza, JJ.)
Upon consideration of the "Stipulation for Dismissal of Appeal With Prejudice as to the Notice of Appeal filed October 20, 2014" (Stipulation For Dismissal), filed on April 27, 2016 by Plaintiff-Appellee Bank of America, N.A., Successor by Merger to BAC Home Loans Servicing, LP, through its counsel David B. Rosen and Intervenor-Defendant-Appellant Iao Loop Properties, LLC, through its counsel Melodie Aduja, the papers in support, and the record, it appears that (1) the parties stipulate to dismiss the appeal pursuant to Hawai'i Rules of Appellate Procedure (HRAP) Rule 42(a), however, the appeal was docketed on December 19, 2014 and therefore the appeal may be dismissed pursuant to HRAP 42(b); (2) the Stipulation For Dismissal is dated and signed by counsel for the parties that have appeared in this appeal; and (3) the parties agree to bear their own costs and attorneys' fees on appeal.
Therefore, IT IS HEREBY ORDERED that the Stipulation For Dismissal is approved and the appeal is dismissed with prejudice. The parties shall bear their own costs and attorneys' fees on appeal.
DATED: Honolulu, Hawai'i, May 4, 2016.
/s/
Chief Judge
/s/
Associate Judge
/s/
Associate Judge