HSBC Bank USA, N.A. v. Moessner

• Court: Hawaii Intermediate Court of Appeals
• Decided: December 15, 2022
• Docket: CAAP-21-0000712
• Status: Published

Opinion

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 15-DEC-2022 08:03 AM Dkt. 33 OAWST NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI I

HSBC BANK USA, N.A., AS TRUSTEE FOR ELLINGTON LOAN ACQUISITION TRUST 2007-2, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-2, Plaintiff-Appellant, v. MARC CARLTON MOESSNER; DEBRA LYNN MOESSNER; MAUI COLLECTION SERVICE, INC.; FIA CARD SERVICES, N.A., Defendants-Appellees, and JOHN AND MARY DOES 1-20; DOE PARTNERSHIPS, CORPORATIONS or OTHER ENTITIES 1-20, Defendants

APPEAL FROM THE CIRCUIT COURT OF THE SECOND CIRCUIT (CASE NO. 2CC161000126)

ORDER APPROVING STIPULATION TO DISMISS APPEAL (By: Hiraoka, Presiding Judge, McCullen and Chan, JJ.) Upon consideration of the Stipulation for Dismissal of

Appeal with Prejudice, filed October 11, 2022, by Plaintiff-

Appellant HSBC Bank USA, N.A., as Trustee for Ellington Loan

Acquisition Trust 2007-2, Mortgage Pass-Through Certificates,

Series 2007-2, the papers in support, and the record, it appears

that: (1) the appeal was docketed on January 14, 2022; (2) the

parties stipulate to dismiss the appeal with prejudice and bear

their own attorneys' fees and costs, under Hawai i Rules of NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Appellate Procedure Rule 42(b); and (3) the stipulation is dated

and signed by counsel for all parties appearing in the appeal.

Therefore, IT IS HEREBY ORDERED that the stipulation to

dismiss the appeal is approved, and the appeal is dismissed with

prejudice. The parties shall bear their own attorneys' fees and

costs.

DATED: Honolulu, Hawai i, December 15, 2022.

/s/ Keith K. Hiraoka Presiding Judge

/s/ Sonja M.P. McCullen Associate Judge

/s/ Derrick H.M. Chan Associate Judge