Demello, Jr. v. Bank of America, N.A.

• Court: Hawaii Intermediate Court of Appeals
• Decided: June 30, 2025
• Docket: CAAP-25-0000352
• Status: Published

Opinion

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 30-JUN-2025 08:09 AM Dkt. 24 ORD NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI I

ALFRED DEMELLO, JR.; CHERYL A. HALL; RANDE LYNN GRAMENZ; KATHERINE A. PATTERSON; EDWARD REDER; NANCY LYNN SATZ; STEVEN L. WILTZ; and LORI J. WILTZ, Plaintiffs-Appellants, vs. BANK OF AMERICA, N.A., Defendant/Cross-Claim Defendant-Appellee, and JAMES THOMAS MCCLEERY; MARGARET ELLEN MCCLEERY, Defendants/Cross-Claimants-Appellees, and COLIN P. THOMPSON; JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, Defendants-Appellees, and DOE DEFENDANTS 1-50, Defendants.

APPEAL FROM THE CIRCUIT COURT OF THE THIRD CIRCUIT (CIVIL NO. 3CC19100216K)

ORDER (By: Wadsworth, Nakasone, and McCullen, JJ.) Upon consideration of the Stipulation for Partial

Dismissal of Appeal with Prejudice of All Claims as to

Defendant/Appellee JP Morgan Chase Bank, National Association

(Stipulation), filed May 29, 2025, by Defendant-Appellee

JPMorgan Chase Bank National Association (JPMC), the Court

Reporter's Request for Extension of Time to File Transcripts

(Extension Request), filed June 12, 2025, by Court Reporter

Angie Weaver (Weaver), the papers in support, and the record,

it appears that: NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

(1) In the Stipulation, under Hawai i Rules of

Appellate Procedure (HRAP) Rule 42(b), the parties stipulate to

dismiss with prejudice all claims and cross-claims against JPMC,

to bear their own attorneys' fees and costs as to the dismissal

of the claims and cross-claims against JPMC, and the Stipulation

does not affect Plaintiffs-Appellants Alfred Demello, Jr.,

Cheryl A. Hall, Rande Lynn Gramenz, Katherine A. Patterson,

Edward Reder, Nancy Lynn Sats, Steven L. Wiltz, and Lori J.

Wiltz's (together, Appellants) claims against Defendant/

Crossclaim Defendant-Appellee Bank of America, N.A.,

Defendants/Cross-Claimants-Appellees James Thomas McCleery and

Margaret Ellen McCleery, and Defendant-Appellee Colin P. Thompson

(together, Remaining Appellees). The Stipulation is signed by

counsel for all appearing parties;

(2) After JMPC filed the Stipulation, the circuit court

clerk docketed the appeal;

(3) There appears to be good cause to approve the

Stipulation, under HRAP Rule 42(b);

(4) In the Extension Request, Weaver seeks a first

extension of time for the transcripts to July 14, 2025; and

(5) There appears to be good cause to grant the

Extension Request, under HRAP Rule 26(b).

Therefore, IT IS HEREBY ORDERED that the Stipulation is

approved as follows:

1. The appeal is dismissed with prejudice as to all

claims and cross-claims against JPMC.

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

2. The parties shall bear their own attorneys' fees

and costs as to the dismissed claims and cross-claims against

JPMC.

3. The Stipulation does not affect Appellants' claims

against the Remaining Appellees.

IT IS FURTHER ORDERED that the Extension Request is

granted as follows:

1. The deadline to file the transcripts requested by

Appellants on April 21, 2025, is extended to July 14, 2025.

2. The deadline to file the opening brief is extended

to August 13, 2025.

DATED: Honolulu, Hawai i, June 30, 2025. /s/ Clyde J. Wadsworth AssociateJudge

/s/ Karen T. Nakasone Associate Judge

/s/ Sonja M.P. McCullen Associate Judge