Sotelo v. Bank of America, N.A.

• Court: Hawaii Intermediate Court of Appeals
• Decided: October 17, 2024
• Docket: CAAP-24-0000302
• Status: Published

Opinion

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 17-OCT-2024 08:35 AM Dkt. 35 OAWST NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI I

SHANE P.K. SOTELO; NICOLE M.C. SOTELO; KIM S. ISHIDA, Plaintiffs-Appellees, and EMI H. KOGA, Plaintiff-Appellant, and LEO N. ARRINGTON; JULIA V. ARRINGTON; JEREMY M. BARNAK; TRICIA J.V. BARNAK, Plaintiffs-Appellees, v. BANK OF AMERICA, N.A., Defendant-Appellee, and DOE DEFENDANTS 1-50, Defendants

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CIVIL NO. 1CCV-XX-XXXXXXX)

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

with Prejudice of Appeal of Emi K. Koga (Stipulation), filed

September 20, 2024, by Defendant-Appellee Bank of America, N.A.,

the papers in support, and the record, it appears that (1) this

appeal is by Plaintiff-Appellant Emi H. Koga, rather than Emi K.

Koga; (2) the filing fees have been paid and the appeal has been

docketed; (3) under Hawai i Rules of Appellate Procedure (HRAP)

Rule 42(b), the parties stipulate to dismiss the appeal with

prejudice and bear their own attorneys' fees and costs on appeal;

and (4) the Stipulation is signed by counsel for all appearing

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 NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Therefore, IT IS HEREBY ORDERED that the Stipulation is

approved and the appeal is dismissed with prejudice. The parties

shall bear their own attorneys' fees and costs on appeal.

IT IS FURTHER ORDERED that all other pending motions

are dismissed.

DATED: Honolulu, Hawai i, October 17, 2024.

/s/ Katherine G. Leonard Acting Chief Judge

/s/ Keith K. Hiraoka Associate Judge

/s/ Sonja M.P. McCullen Associate Judge