Bogdanov v. Bank of America, N.A.

• Court: Hawaii Intermediate Court of Appeals
• Decided: October 10, 2025
• Docket: CAAP-23-0000519
• Status: Published

Opinion

NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 10-OCT-2025 09:20 AM Dkt. 78 OAWST

NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAIʻI

DENNIS V. BOGDANOV, LISA J. VEJAR; and DAVE M. VEJAR, Plaintiffs-Appellants, BRADLEY C. BENGE, CHRIS J. FABYONIC; ANDREA L. HENKE; JAMES R. RABAGO; NATALIE L. RABAGO; ROGER RIZZO; BRIAN C. TRAICHEL; MARINA UMNUS; MICHAEL UMNUS; ANDREW ORTEGA, Plaintiffs-Appellees, v. BANK OF AMERICA, N.A., MARK H. BUSHLOW; WELLS FARGO BANK, N.A.; CHASE G. JOHNSON; DANICA L. JOHNSON; LOANDEPOT.COM, LLC, and MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., as nominee for LoanDepot.com, LLC, Defendants-Appellees, and DOE DEFENDANTS 1-50, Defendants.

APPEAL FROM THE CIRCUIT COURT OF THE SECOND CIRCUIT (CASE NO. 2CC191000168(2))

ORDER APPROVING STIPULATION FOR DISMISSAL OF APPEAL (By: Hiraoka, Presiding Judge, McCullen and Guidry, JJ.)

Upon consideration of Plaintiffs-Appellants Dennis V.

Bogdanov, Lisa J. Vejar, and Dave M. Vejar (Bogdanov et al.),

Defendant-Appellee Bank of America, N.A. (BoA), and Defendants-

Appellees Mark H. Bushlow, Wells Fargo Bank, N.A., Chase G.

Johnson, Danica L. Johnson, LoanDepot.com, LLC, and Mortgage NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER

Electronic Registration Systems, Inc., as nominee for

LoanDepot.com, LLC's (Bushlow et al.) "Stipulation for Dismissal

with Prejudice of Appeal" (Stipulation to Dismiss), filed

October 6, 2025 (Docket 75), the papers in support, and the

record and files herein, it appears that:

(1) On October 6, 2025, Bogdanov et al., BoA, and

Bushlow et al. filed the Stipulation to Dismiss

pursuant to Hawai‘i Rules of Appellate Procedure

(HRAP) Rule 42(b);

a. The Stipulation to Dismiss provides that

Bogdanov et al., BoA, and Bushlow et al.

stipulate and agree to dismiss "with

prejudice" the "Notice of Appeal," filed

September 7, 2023 (Docket 1);

b. "There are no remaining claims by or against

any parties to the Appeal";

c. "Each party shall bear their own fees and

costs incurred with respect to this Appeal";

and

d. The Stipulation to Dismiss is dated and

signed by Bogdanov et al.'s counsel, BoA's

counsel, and Bushlow et al.'s counsel.

(2) This appeal was docketed on September 7, 2023.

(3) No payment is due.

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

The Stipulation to Dismiss complies with HRAP

Rule 42(b), which provides in relevant part, "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 ORDERED that the Stipulation to

Dismiss is approved. The parties shall bear their own attorneys

fees and costs on appeal.

DATED: Honolulu, Hawai‘i, October 10, 2025.

/s/ Keith K. Hiraoka Presiding Judge

/s/ Sonja M.P. McCullen Associate Judge

/s/ Kimerly T. Guidry Associate Judge