Mortgage Capital Group, LLC v. Johnson, III

Hawaii Intermediate Court of Appeals

Mortgage Capital Group, LLC v. Johnson, III

CourtHawaii Intermediate Court of Appeals

DecidedJune 4, 2021

DocketCAAP-19-0000260

StatusPublished

This text of Mortgage Capital Group, LLC v. Johnson, III (Mortgage Capital Group, LLC v. Johnson, III) 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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Mortgage Capital Group, LLC v. Johnson, III, (hawapp 2021).

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Opinion

NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 04-JUN-2021 09:07 AM Dkt. 62 OAWST

NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI#I

MORTGAGE CAPITAL GROUP, LLC, a Hawaii limited liability company, Plaintiff-Appellee, v. THOMAS MOSES JOHNSON, III, also known as THOMAS M. JOHNSON, III, Defendant- Appellant; and 3M INVESTMENTS INC.; ASSOCIATION OF APARTMENT OWNERS OF ALA MOANA HOTEL CONDOMINIUM; KOKO MARINA HOLDINGS;, JOHN DOES 1-20, JANE DOES 1-20, DOE PARTNERSHIPS 1-20, DOE CORPORATIONS 1-20, DOE ENTITIES 1-20 and DOE GOVERNMENTAL UNITS 1-20, Defendants-Appellees

ALLAN POLLOCK, RICHARD PAIGE and CATHY E. PAIGE, TRUSTEE OF THE CATHY E. PAIGE 2002 TRUST, Third Party Plaintiffs v. FIRST HAWAIIAN BANK and OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, Third Party Defendants

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CIVIL NO. 09-1-0487-02)

ORDER APPROVING STIPULATION TO DISMISS APPEAL (By: Fujise, Presiding Judge, Hiraoka and Wadsworth, JJ.) Upon consideration of the Stipulation of Parties to Dismiss Appeal, filed June 1, 2021, by Defendant-Appellant Thomas Moses Johnson III, the papers in support, and the record, it appears that (1) the appeal has not been docketed; (2) the parties stipulate to dismiss the appeal and bear their own attorneys' fees and costs; (3) the stipulation is signed by counsel for all parties appearing in the appeal; and NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

(4) dismissal is authorized by Hawai#i Rules of Appellate Procedure Rule 42(a). Therefore, IT IS HEREBY ORDERED that the stipulation is approved and the appeal is dismissed. The parties shall bear their own attorneys' fees and costs on appeal. DATED: Honolulu, Hawai#i, June 4, 2021.

/s/ Alexa D.M. Fujise Presiding Judge

/s/ Keith K. Hiraoka Associate Judge

/s/ Clyde J. Wadsworth 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 04-JUN-2021 09:07 AM Dkt. 62 OAWST

NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI#I

MORTGAGE CAPITAL GROUP, LLC, a Hawaii limited liability company, Plaintiff-Appellee, v. THOMAS MOSES JOHNSON, III, also known as THOMAS M. JOHNSON, III, Defendant- Appellant; and 3M INVESTMENTS INC.; ASSOCIATION OF APARTMENT OWNERS OF ALA MOANA HOTEL CONDOMINIUM; KOKO MARINA HOLDINGS;, JOHN DOES 1-20, JANE DOES 1-20, DOE PARTNERSHIPS 1-20, DOE CORPORATIONS 1-20, DOE ENTITIES 1-20 and DOE GOVERNMENTAL UNITS 1-20, Defendants-Appellees

ALLAN POLLOCK, RICHARD PAIGE and CATHY E. PAIGE, TRUSTEE OF THE CATHY E. PAIGE 2002 TRUST, Third Party Plaintiffs v. FIRST HAWAIIAN BANK and OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, Third Party Defendants

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CIVIL NO. 09-1-0487-02)

ORDER APPROVING STIPULATION TO DISMISS APPEAL (By: Fujise, Presiding Judge, Hiraoka and Wadsworth, JJ.) Upon consideration of the Stipulation of Parties to Dismiss Appeal, filed June 1, 2021, by Defendant-Appellant Thomas Moses Johnson III, the papers in support, and the record, it appears that (1) the appeal has not been docketed; (2) the parties stipulate to dismiss the appeal and bear their own attorneys' fees and costs; (3) the stipulation is signed by counsel for all parties appearing in the appeal; and NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

(4) dismissal is authorized by Hawai#i Rules of Appellate Procedure Rule 42(a). Therefore, IT IS HEREBY ORDERED that the stipulation is approved and the appeal is dismissed. The parties shall bear their own attorneys' fees and costs on appeal. DATED: Honolulu, Hawai#i, June 4, 2021.

/s/ Alexa D.M. Fujise Presiding Judge

/s/ Keith K. Hiraoka Associate Judge

/s/ Clyde J. Wadsworth Associate Judge

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Mortgage Capital Group, LLC v. Johnson, III, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mortgage-capital-group-llc-v-johnson-iii-hawapp-2021.