The Bank of New York Mellon v. Botelho

Hawaii Intermediate Court of Appeals

The Bank of New York Mellon v. Botelho

CourtHawaii Intermediate Court of Appeals

DecidedDecember 15, 2022

DocketCAAP-21-0000648

StatusPublished

This text of The Bank of New York Mellon v. Botelho (The Bank of New York Mellon v. Botelho) 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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The Bank of New York Mellon v. Botelho, (hawapp 2022).

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NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER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 15-DEC-2022 07:55 AM Dkt. 29 OAWST NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI I

THE BANK OF NEW YORK MELLON, fka THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT, INC., ALTERNATIVE LOAN TRUST 2005-62, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-62, Plaintiff-Appellee, v. JEFF A. BOTELHO; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., SOLELY AS NOMINEE FOR COLORADO FEDERAL SAVINGS BANK; DISCOVER BANK; THE IOLANI COMMUNITY ASSOCIATION, Defendants-Appellees, and JOHN DOES 1-50; JANE DOES 1-50; DOE PARTNERSHIPS 1-50; DOE CORPORATIONS 1-50; DOE ENTITIES 1-50; and DOE GOVERNMENTAL UNITS, Defendants

APPEAL FROM THE CIRCUIT COURT OF THE THIRD CIRCUIT (CIVIL NO. 3CC14100024K)

ORDER APPROVING STIPULATION TO DISMISS APPEAL (By: Leonard, Presiding Judge, McCullen and Chan, JJ.) Upon consideration of the November 8, 2022 Stipulation and Order for Dismissal With Prejudice of Notice of Appeal Filed November 12, 2021, by Defendant-Appellant Jeff A. Botelho, 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 with prejudice and bear their own attorneys' fees and costs, 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IT IS HEREBY ORDERED that the stipulation to dismiss the appeal is approved, and the appeal is dismissed with NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

prejudice, under Hawai i Rules of Appellate Procedure Rule 42(a). The parties shall bear their own attorneys' fees and costs. DATED: Honolulu, Hawai i, December 15, 2022.

/s/ Katherine G. Leonard Presiding Judge

/s/ Sonja M.P. McCullen Associate Judge

/s/ Derrick H.M. Chan 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 15-DEC-2022 07:55 AM Dkt. 29 OAWST NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI I

THE BANK OF NEW YORK MELLON, fka THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT, INC., ALTERNATIVE LOAN TRUST 2005-62, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-62, Plaintiff-Appellee, v. JEFF A. BOTELHO; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., SOLELY AS NOMINEE FOR COLORADO FEDERAL SAVINGS BANK; DISCOVER BANK; THE IOLANI COMMUNITY ASSOCIATION, Defendants-Appellees, and JOHN DOES 1-50; JANE DOES 1-50; DOE PARTNERSHIPS 1-50; DOE CORPORATIONS 1-50; DOE ENTITIES 1-50; and DOE GOVERNMENTAL UNITS, Defendants

APPEAL FROM THE CIRCUIT COURT OF THE THIRD CIRCUIT (CIVIL NO. 3CC14100024K)

ORDER APPROVING STIPULATION TO DISMISS APPEAL (By: Leonard, Presiding Judge, McCullen and Chan, JJ.) Upon consideration of the November 8, 2022 Stipulation and Order for Dismissal With Prejudice of Notice of Appeal Filed November 12, 2021, by Defendant-Appellant Jeff A. Botelho, 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 with prejudice and bear their own attorneys' fees and costs, 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 NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

prejudice, under Hawai i Rules of Appellate Procedure Rule 42(a). The parties shall bear their own attorneys' fees and costs. DATED: Honolulu, Hawai i, December 15, 2022.

/s/ Katherine G. Leonard Presiding Judge

/s/ Sonja M.P. McCullen Associate Judge

/s/ Derrick H.M. Chan Associate Judge

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The Bank of New York Mellon v. Botelho, Counsel Stack Legal Research, https://law.counselstack.com/opinion/the-bank-of-new-york-mellon-v-botelho-hawapp-2022.