Greenspon v. Deutsche Bank National Trust Company

Opinion

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 20-AUG-2024 09:39 AM Dkt. 204 ORD

NO. CAAP-XX-XXXXXXX (Consolidated with No. CAAP-XX-XXXXXXX)

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI‘I

MICHAEL C. GREENSPON, Plaintiff/Counterclaim Defendant-Appellant, v. DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE; CIT BANK NA F/K/A ONEWEST BANK, F.S.B.; ALDRIDGE PITE LLP F/K/A PITE DUNCAN LLP, Defendants-Appellees, and DOES 1-100, Defendants, and DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR RESIDENTIAL ASSET SECURITIZATION TRUST SERIES 2006-A8 MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2006-H, Counterclaimant/Third-Party Plaintiff-Appellee, and DOES 1-20, Counterclaim Defendants, and FEDERAL DEPOSIT INSURANCE CORPORATION, AS RECEIVER FOR INDYMAC BANK, F.S.B.; and DEPARTMENT OF PUBLIC WORKS, COUNTY OF MAUI, Third-Party Defendants-Appellees, and JOHN DOES 1-5; JANE DOES 1-5; DOE CORPORATIONS 1-5; DOE PARTNERSHIPS 1-5; DOE ASSOCIATIONS 1-5; DOE GOVERNMENTAL UNITS 1-5; and DOE ENTITIES 1-5, Third-Party Defendants,

APPEAL FROM THE CIRCUIT COURT OF THE SECOND CIRCUIT (CASE NO. 2CC171000090) ORDER GRANTING WITHDRAWAL OF COUNSEL (By: Guidry, J.)

Upon consideration of the Notice of Disaffiliation,

filed August 15, 2024, by Defendant-Appellee Aldridge Pite, LLP

F/K/A Pite Duncan, LLP (AP), which the court construes as a

motion to withdraw as counsel, under Hawaiʻi Rules of Appellate

Procedure (HRAP) Rule 50(a), it appears that:

(1) AP is represented in this appeal by attorneys with

the AP law firm;

(2) Attorney David B. Rosen (Rosen) is no longer

associated with AP;

(3) Attorney Christina C. MacLeod (MacLeod) will

remain as counsel for AP, and requests that this court "remove

[Rosen] from this case, so that electronic service notifications

shall no longer be made to [Rosen] in this matter.";

(4) HRAP Rule 50(a) provides, with respect to

withdrawal, that an attorney moving to withdraw as counsel of

record "must show that notice of the motion was given by service

upon the attorney's client." HRAP Rule 50(a); and

(5) The Notice of Disaffiliation does not specify

whether the client was informed of the disaffiliation of

counsel. Nonetheless, the court will allow Rosen to withdraw,

but require MacLeod to demonstrate service of the Notice of

Disaffiliation upon the client.

2 Therefore, IT IS HEREBY ORDERED that the Notice of

Disaffiliation, construed as a motion to withdraw as counsel, is

granted. Within ten days from the date of this order, MacLeod

shall file a declaration, affidavit, or certificate of service

indicating the Notice of Disaffiliation was provided to the

client, or that the client was otherwise informed of Rosen's

disaffiliation.

IT IS FURTHER ORDERED that the appellate clerk shall

end Rosen as a party to this appeal in the Judiciary Information

Management System.

DATED: Honolulu, Hawaiʻi, August 20, 2024.

/s/ Kimberly T. Guidry Associate Judge