Opinion
NO. CAAP-14-0000869
12-23-2014
JOSEPH ALBERT SPIELMAN and ELLEN ROSE SPIELMAN, Plaintiffs-Appellants, v. WELLS FARGO BANK, N.A., as Trustee for the Carrington Mortgage Loan Trust, Series 2006-FRE2 Asset-Backed Pass-Through Certificates; and MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Defendants-Appellees, and JOHN DOES 1-50; and JANE DOES 1-50
NOT FOR PUBLICATION IN WEST'S HAWAI'I REPORTS AND PACIFIC REPORTER APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT
(CIVIL NO. 11-1-2913-11)
ORDER APPROVING THE DECEMBER 10, 2014 STIPULATION FOR DISMISSAL OF APPEAL
(By: Nakamura, C.J., Fujise and Reifurth, JJ.)
Upon consideration of the "Stipulation for Dismissal of Appeal" (Stipulation), filed by Plaintiffs-Appellants Joseph Albert Spielman and Ellen Rose Spielman (Appellants), on December 10, 2014, and the record, it appears that (1) Appellants and Defendants-Appellees Wells Fargo Bank, N.A., as Trustee for the Carrington Mortgage Loan Trust, Series 2006 FRE2 Asset-Backed Pass-Through Certificates; Mortgage Electronic Registration Systems, Inc. stipulate to dismiss Appeal No. CAAP-14-00008 69; (2) the attorneys for the parties have signed the Stipulation; (3) the Stipulation provides that "[e]ach party is responsible for its own fees and costs"; (4) no payment for court filing fees is due; and (5) Hawai'i Rules of Appellate Procedure Rule 42(b) provides, "If the parties to a docketed appeal . . . sign and file a stipulation for dismissal, specifying the terms as to payment of costs, and pay whatever fees are due, the case shall be dismissed upon approval by the appellate court[.]"
Therefore, IT IS HEREBY ORDERED that the Stipulation is approved and that Appeal No. CAAP-14-0000869 is dismissed. Each party shall bear its own fees and costs.
DATED: Honolulu, Hawai'i, December 23, 2014.
/s/
Chief Judge
/s/
Associate Judge
/s/
Associate Judge