The Bank of New York Mellon v. Santana

Opinion

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 21-JAN-2025 08:58 AM Dkt. 19 OGMD

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 CERTIFICATE HOLDERS OF CWABS, INC., ASSET-BACKED CERTIFICATES, SERIES 2004-11, Plaintiff-Appellee, v.

KEVIN SANTANA, SPECIAL ADMINISTRATOR OF THE ESTATE OF HERMAN DANIEL SANTANA, Defendant-Appellant, and BENEFICIAL FINANCIAL I, INC., Defendant-Appellee, and JOHN DOES 1-10; JANE DOES 1-10; DOE PARTNERSHIPS 1-10;

DOE CORPORATIONS 1-10; DOE ENTITIES 1-10; and DOE GOVERNMENTAL UNITS 1-10, Defendants

APPEAL FROM THE CIRCUIT COURT OF THE THIRD CIRCUIT (CIVIL NO. 3CCV-XX-XXXXXXX)

ORDER GRANTING MOTION TO DISMISS APPEAL (By: Leonard, Acting Chief Judge, Hiraoka and Wadsworth, JJ.)

Upon consideration of Defendant-Appellant Kevin Santana, Special Administrator of the Estate of Herman Daniel Santana's December 23, 2024 Motion to Dismiss Appeal, the papers in support, and the record, IT IS HEREBY ORDERED that the motion is granted and the appeal is dismissed. Hawai i Rules of Appellate Procedure Rule 42(b). The parties shall bear their own attorneys' fees and costs on appeal.

DATED: Honolulu, Hawai i, January 21, 2025.

/s/ Katherine G. Leonard Acting Chief Judge

/s/ Keith K. Hiraoka Associate Judge

/s/ Clyde J. Wadsworth Associate Judge