Deutsche Bank National Trust Company v. Hawthorne

Hawaii Intermediate Court of Appeals

Deutsche Bank National Trust Company v. Hawthorne

CourtHawaii Intermediate Court of Appeals

DecidedMay 30, 2023

DocketCAAP-22-0000578

StatusPublished

This text of Deutsche Bank National Trust Company v. Hawthorne (Deutsche Bank National Trust Company v. Hawthorne) is published on Counsel Stack Legal Research, covering Hawaii Intermediate Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Deutsche Bank National Trust Company v. Hawthorne, (hawapp 2023).

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NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 30-MAY-2023 08:25 AM Dkt. 30 ODSD NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI I

DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE POOLING AND SERVICE AGREEMENT DATED AS OF NOVEMBER 1, 2006 SECURITIZED ASSET BACKED RECEIVABLES LLC TRUST 2006-FR4, Plaintiff-Appellee, v. LORI J. HAWTHORNE, fka LORI J. BAUER, aka LORI S. BAUER, Defendant-Appellee, and LANI PACIFIC, Defendant-Appellant, and DOES 1-20, inclusive, Defendants

LANI PACIFIC, a registered business entity, Plaintiff-Appellant, v. DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE POOLING AND SERVICE AGREEMENT DATED AS OF NOVEMBER 1, 2006 SECURITIZED ASSET BACKED RECEIVABLES LLC TRUST 2006-FR4, Defendant-Appellee, and DOES 1-20, inclusive, Defendants

APPEAL FROM THE CIRCUIT COURT OF THE THIRD CIRCUIT (CIVIL NOS. 3CC19100014K and 3CCV-XX-XXXXXXX (consolidated))

ORDER DISMISSING APPEAL (By: Ginoza, Chief Judge, Wadsworth and Chan, JJ.) Upon review of the record, it appears that: (1) The opening brief was due on a clerk's extension on or before February 8, 2023; (2) Defendant-Appellant David Paul Biesemeyer dba Lani Pacific (Biesemeyer) did not file the opening brief or request a further extension of time; (3) On February 14, 2023, the appellate clerk notified Biesemeyer that the time for filing the opening brief had expired, the matter would be called to the court's attention on February 24, 2023, for appropriate action, which could include dismissal of the appeal, under Hawai i Rules of Appellate NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Procedure Rule 30, and Biesemeyer could request relief from default by motion; and (4) Biesemeyer took no further action in this appeal. Therefore, IT IS HEREBY ORDERED that the appeal is dismissed. DATED: Honolulu, Hawai i, May 30, 2023.

/s/ Lisa M. Ginoza Chief Judge

/s/ Clyde J. Wadsworth Associate Judge

/s/ Derrick H.M. Chan Associate Judge

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

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 30-MAY-2023 08:25 AM Dkt. 30 ODSD NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI I

DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE POOLING AND SERVICE AGREEMENT DATED AS OF NOVEMBER 1, 2006 SECURITIZED ASSET BACKED RECEIVABLES LLC TRUST 2006-FR4, Plaintiff-Appellee, v. LORI J. HAWTHORNE, fka LORI J. BAUER, aka LORI S. BAUER, Defendant-Appellee, and LANI PACIFIC, Defendant-Appellant, and DOES 1-20, inclusive, Defendants

LANI PACIFIC, a registered business entity, Plaintiff-Appellant, v. DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE POOLING AND SERVICE AGREEMENT DATED AS OF NOVEMBER 1, 2006 SECURITIZED ASSET BACKED RECEIVABLES LLC TRUST 2006-FR4, Defendant-Appellee, and DOES 1-20, inclusive, Defendants

APPEAL FROM THE CIRCUIT COURT OF THE THIRD CIRCUIT (CIVIL NOS. 3CC19100014K and 3CCV-XX-XXXXXXX (consolidated))

ORDER DISMISSING APPEAL (By: Ginoza, Chief Judge, Wadsworth and Chan, JJ.) Upon review of the record, it appears that: (1) The opening brief was due on a clerk's extension on or before February 8, 2023; (2) Defendant-Appellant David Paul Biesemeyer dba Lani Pacific (Biesemeyer) did not file the opening brief or request a further extension of time; (3) On February 14, 2023, the appellate clerk notified Biesemeyer that the time for filing the opening brief had expired, the matter would be called to the court's attention on February 24, 2023, for appropriate action, which could include dismissal of the appeal, under Hawai i Rules of Appellate NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Procedure Rule 30, and Biesemeyer could request relief from default by motion; and (4) Biesemeyer took no further action in this appeal. Therefore, IT IS HEREBY ORDERED that the appeal is dismissed. DATED: Honolulu, Hawai i, May 30, 2023.

/s/ Lisa M. Ginoza Chief Judge

/s/ Clyde J. Wadsworth Associate Judge

/s/ Derrick H.M. Chan Associate Judge

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Deutsche Bank National Trust Company v. Hawthorne, Counsel Stack Legal Research, https://law.counselstack.com/opinion/deutsche-bank-national-trust-company-v-hawthorne-hawapp-2023.