Opinion
NO. CAAP-14-0000803
10-07-2014
THE BANK OF NEW YORK MELLON fka THE BANK OF NEW YORK, As Trustee for the Certificateholders CWABS, Inc., Asset-Backed Certificates, Series 2005-17, Plaintiff/Counterclaim Defendant-Appellee, v. DANILO GUERRERO VALASCO AND LINDA A. VELASCO, Defendants/Counterclaimants-Appellants, and JOHN DOES and MARY DOES 1-10, Defendants BLUE MOUNTAIN HOMES LLC, Intervenor/Third-Party Plaintiff-Appellee, v. THE BANK OF NEW YORK MELLON fka THE BANK OF NEW YORK, as Trustee for the Certificateholders CWABS, Inc., Asset-Backed Certificaates, Series 2005-17, Third-Party Defendants-Appellees, and DANILO GUERRERO VELASCO and LINDA A. VELASCO, Third-Party Defendants-Appellants, and JOHN DOES, MARY DOES 1-10, DOE CORPORATIONS 1-10, DOE PARTNERSHIPS 1-10, DOE "NON-PROFIT" CORPORATIONS 1-10, DOE ASSOCIATIONS 1-10, and DOE GOVERNMENTAL ENTITIES 1-10, Third-Party Defendants
NOT FOR PUBLICATION IN WEST'S HAWAI'I REPORTS AND PACIFIC REPORTER APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT
(CIVIL NO. 11-1-2355)
ORDER APPROVING THE SEPTEMBER 22, 2014
STIPULATION FOR DISMISSAL OF APPEAL
(By: Nakamura, C.J., Foley and Reifurth, JJ.)
Upon consideration of the Stipulation for Dismissal of Appeal, filed by Plaintiff/Counterclaim Defendant-Appellee The Bank of New York Mellon fka The Bank of New York, as Trustee for the Certificateholders CWABS, Inc., Asset-Backed Certificates, Series 2005-17 (Bank of NY Mellon), and the record, it appears that (1) Bank of NY Mellon, Defendants/Counterclaimants-Appellants D'anilo Guerrero Velasco and Linda A. Velasco, and Intervenor/Third-Party Plaintiff-Appellee Blue Mountain Homes LLC stipulate to dismiss Appeal No. CAAP-14-0000803; (2) the parties' attorneys have signed the stipulation; (3) the stipulation provides that "the parties [are] to bear their own individual costs and their own individual attorney's fees"; (4) no fees are due; and (5) Hawai'i Rules of Appellate Procedure Rule 42(b) provides that"[i]f 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 Appeal No. CAAP-14-0000803 is dismissed.
DATED: Honolulu, Hawai'i, October 7, 2014.
/s/
Chief Judge
/s/
Associate Judge
/s/
Associate Judge