Opinion
NO. CAAP-14-0000541
11-24-2014
WELLS FARGO BANK, N.A., Plaintiff-Appellee, v. RONALD GIT SUM AU, Defendant-Appellant, and ZO-ANNE LUM AU, et al., Defendants-Appellees and RONALD GIT SUM AU, Defendant/Third-Party Plaintiff/Appellant, v. ACCREDITED HOME LENDERS, INC. (NOMINAL PARTY), et al., Third-Party Defendants/Appellees
NOT FOR PUBLICATION IN WEST'S HAWAI'I REPORTS AND PACIFIC REPORTER APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT
(CIVIL NO. 12-1-1567)
ORDER APPROVING THE NOVEMBER 12, 2014
STIPULATION FOR DISMISSAL OF APPEAL WITH PREJUDICE
(By: Nakamura, C.J., Fujise and Reifurth, JJ.)
Upon consideration of the "Stipulation for Dismissal of Appeal with Prejudice" (Stipulation), filed on November 12, 2014, by Plaintiff-Appellee Wells Fargo Bank, N.A. (Wells Fargo), the papers in support, and the records and files herein, it appears that:
(1) Wells Fargo; Defendant-Appellant Ronald Git Sum Au (Appellant), pro se; and Deifendant-Appellee Association of Apartment Owners of the Royal Iolani (AOAO Royal Iolani) stipulate to dismiss Appeal No. CAAP-14-0000541.
(2) Appellant, counsel for Wells Fargo, and counsel for AOAO Royal Iolani have signed the stipulation.
(3) The stipulation provides that "[e]ach party shall bear its own legal fees and costs."
(4) No fees are due.
(5) Hawai'i Rules of Appellate Procedure Rule 42(b) provides, "If the parties to a docketed appeal or other proceeding 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 Appeal No. CAAP-14-0000541 is dismissed. Each party shall bear its own attorney's fees and costs.
DATED: Honolulu, Hawai'i, November 24, 2014.
/s/
Chief Judge
/s/
Associate Judge
/s/
Associate Judge