Bank of New York Mellon v. Ona

Opinion

NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 23-JUL-2026 08:47 AM Dkt. 30 OGMR

NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAIʻI

BANK OF NEW YORK MELLON fka THE BANK OF NEW YORK, AS TRUSTEE (CWABS 2007-SEA2), Plaintiff/Counterclaim Defendant-Appellee. v. JOSE BAYLON ONA; MARLENE ESPINOSA ONA, Defendants/Counterclaimants-Appellants, and STATE OF HAWAIʻI, DEPARTMENT OF TAXATION; MIDLAND FUNDING LLC, Defendants-Appellees, and DOES 1 THROUGH 20, INCLUSIVE, Defendants.

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CASE NO. 1CC161001671)

ORDER GRANTING MOTION FOR RECONSIDERATION (By: Nakasone, Chief Judge, Wadsworth and Gluck, JJ.)

Upon consideration of self-represented Defendants/Counterclaimants-Appellants Jose Baylon Ona and Marlene Espinosa Ona's July 14, 2026 "Motion to Reinstate Appeal, Vacate Order of Dismissal, Reinstate Appellate NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER

Deadlines, and for Such Other Relief as This Court Deems Just and Proper," which is construed as a motion for reconsideration of the June 30, 2026 Order Dismissing Appeal (Motion), 1 the papers in support, and the record, IT IS HEREBY ORDERED that the Motion is granted and the appeal is reinstated. See HRAP Rules 26(e), 40. IT IS FURTHER ORDERED that, within twenty-one (21) days from the date of this order, the circuit court clerk shall file the record on appeal. IT IS FURTHER ORDERED that the appellate clerk shall serve a copy of this order on the circuit court clerk. DATED: Honolulu, Hawaiʻi, July 23, 2026. /s/ Karen T. Nakasone Chief Judge

/s/ Clyde J. Wadsworth Associate Judge

/s/ Daniel M. Gluck Associate Judge

1 The deadline to file a motion for reconsideration is suspended pursuant to Hawaiʻi Rules of Appellate Procedure (HRAP) Rule 2, and the Motion is accepted. 2