Deutsche Bank National Trust Company v. Winters

Opinion

NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 11-JUL-2025 07:48 AM Dkt. 94 ODMR

NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI#I

DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF DECEMBER 1, 2006, GSAMP TRUST 2006-FM3, Plaintiff-Appellee, v. DALE SCOTT WINTERS; DALE SCOTT WINTERS, TRUSTEE UNDER THAT CERTAIN UNRECORDED REVOCABLE LIVING TRUST DATED AUGUST 30, 1993, MADE BY DALE SCOTT WINTERS, WITH FULL POWERS TO SELL, MORTGAGE, LEASE OR OTHERWISE DEAL WITH THE LAND, AS TO AN UNDIVIDED 1/2 INTEREST; and DEPARTMENT OF TAXATION, STATE OF HAWAI#I, Defendants-Appellees, and JOHN and MARY DOES 3-10, Defendants and EILEEN MARIE WINTERS; EILEEN MARIE WINTERS TRUSTEE UNDER THAT CERTAIN UNRECORDED REVOCABLE LIVING TRUST DATED AUGUST 30, 1993, MADE BY EILEEN MARIE WINTERS, WITH FULL POWERS TO SELL, MORTGAGE, LEASE OR OTHERWISE DEAL WITH THE LAND, AS TO AN UNDIVIDED 1/2 INTEREST, Defendant-Appellant

EILEEN MARIE WINTERS, TRUSTEE UNDER THAT CERTAIN UNRECORDED REVOCABLE LIVING TRUST DATED AUGUST 30, 1993, MADE BY EILEEN MARIE WINTERS, WITH FULL POWERS TO SELL, MORTGAGE, LEASE OR OTHERWISE DEAL WITH THE LAND, AS TO AN UNDIVIDED 1/2 INTEREST, Defendant/Counterclaimant-Appellant, v. DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF DECEMBER 1, 2006, GSAMP TRUST 2006-FM3, Plaintiff/Counterclaim Defendant-Appellee, and DOES 1-10, Counterclaim-Defendants

APPEAL FROM THE CIRCUIT COURT OF THE FIFTH CIRCUIT (CASE NO. 5CC111000093) NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

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

Upon review of the Motion for Reconsideration filed by Deutsche Bank National Trust Company on June 5, 2025, the papers in support, the response filed by Eileen Winters on June 20, 2025, and the record, it appears that: 1. Deutsche Bank moves for reconsideration of our May 19, 2025 Memorandum Opinion; and 2. The motion presents no point of law or fact we overlooked or misapprehended. See Rule 40(b), Hawai#i Rules of Appellate Procedure. Therefore, IT IS HEREBY ORDERED that the Motion for Reconsideration is denied. DATED: Honolulu, Hawai#i, July 11, 2025.

/s/ Karen T. Nakasone Chief Judge

/s/ Keith K. Hiraoka Associate Judge

/s/ Clyde J. Wadsworth Associate Judge