Opinion
CAAP-17-0000621
07-14-2023
THE BANK OF NEW YORK MELLON, AS INDENTURE TRUSTEE FOR CERTIFICATE-HOLDERS CWABS ASSET-BACKED NOTES 2006-SD4, Plaintiff-Appellee, v. JOVEN D. BAUTISTA, COLLEEN BAUTISTA, Defendants-Appellants, and JOHN DOES 1-20, JANE DOES 1-20, DOE CORPORATIONS 1-20, DOE ENTITIES 1-20 AND DOE GOVERNMENTAL UNITS Defendants 1-20, Defendants
NOT FOR PUBLICATION IN WEST'S HAWAI'I REPORTS AND PACIFIC REPORTER
APPEAL FROM THE CIRCUIT COURT OF THE FIFTH CIRCUIT (CIVIL NO. 15-1-0110)
By: Wadsworth, Presiding Judge, Nakasone and McCullen, JJ.
ORDER GRANTING MOTION FOR PARTIAL RECONSIDERATION
Upon consideration of Defendants-Appellants' Joven D. Bautista and Colleen Bautista's (collectively, the Bautistas) "Motion for Partial Reconsideration of the Memorandum Opinion Entered on March 28, 2023" (Motion for Partial Reconsideration) filed on April 10, 2023, the papers in support, the opposition,and the record, this court determines that partial reconsideration under Rule 40(b) of the Hawai'i Rules of Appellate Procedure is warranted regarding section III.A. of the Memorandum Opinion, and thus, an Amended Memorandum Opinion will be filed.
The Bautistas specifically requested reconsideration of the following:
. . . Part III.A of the Memorandum Opinion, wherein the Court ruled that "[t]he Circuit Court did not err in concluding that [Appellee The Bank of New York Mellon ("BONYM")] had standing when it filed the complaint" because "BONYM established that there were no genuine issues of material fact that it was the holder of the original Note at the time the complaint was filed[.]" Memorandum Opinion at 10, 13.
An April 27, 2023 opposition was filed pursuant to this court's April 17, 2023 order requiring a response.
Therefore, IT IS HEREBY ORDERED that the Motion for Partial Reconsideration is granted.