Title Guaranty Escrow Services, Inc. v. Mililani Town Association

• Court: Hawaii Intermediate Court of Appeals
• Decided: January 9, 2025
• Docket: CAAP-17-0000831
• Status: Published

Opinion

NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 09-JAN-2025 08:01 AM Dkt. 205 OAWST

NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAIʻI

TITLE GUARANTY ESCROW SERVICES, INC., Plaintiff-Appellee/ Cross-Appellee v. MILILANI TOWN ASSOCIATION, Defendant/Cross- Claim Plaintiff/Cross-Claim Defendant-Appellee/Cross-Appellant, and SVMM INVESTMENTS LLC, Defendant/Cross-Claim Defendant/ Cross-Claim Plaintiff-Appellee/Cross-Appellee, and MAXIMUM LEGAL SERVICES CORPORATION, as Successor Personal Representative of the Estate of Pauline Isaacs-Lean, Defendant/Cross-Claim Defendant-Appellant/Cross-Appellee, and FIRST HAWAIIAN BANK, Defendant/Cross-Claim Defendant- Appellee/Cross-Appellee, and DOE PERSONS AND ENTITIES 1-10, Defendants.

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CIVIL NO. 15-1-1750)

ORDER APPROVING STIPULATION FOR DISMISSAL OF APPEAL (By: Wadsworth, Presiding Judge, McCullen, J., and Circuit Court Judge Nakamoto, in place of Leonard, Acting Chief Judge, Hiraoka and Nakasone, JJ., recused)

Upon consideration of Defendant/Cross-Claim

Plaintiff/Cross-Claim Defendant-Appellee/Cross-Appellant NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER

Mililani Town Association (Association), Defendant/Cross-Claim

Defendant/Cross-Claim Plaintiff-Appellee/Cross-Appellee SVMM

Investments LLC (SVMM), and Defendant/Cross-Claim Defendant-

Appellant/Cross-Appellee Maximum Legal Services Corporation,

Successor Personal Representative of the Estate of Pauline

Isaacs-Lean's (Max Corp) December 5, 2024 "Stipulation for

Dismissal of Appeal with Prejudice of All Claims and Parties"

(Stipulation to Dismiss), the papers in support, and the record

and files herein, it appears that:

(1) On December 5, 2024, Association, SVMM, and Max

Corp filed the Stipulation to Dismiss pursuant to

Hawai‘i Rules of Appellate Procedure (HRAP)

Rule 42(b);

a. The Stipulation to Dismiss states

Association, SVMM, and Max Corp stipulate

and agree "that this appeal, including

all claims of all parties are dismissed

with prejudice";

b. "[E]ach party [is] to bear their own fees

and costs; provided, however, that a

party that has been awarded fees and

costs may retain fees and costs actually

received or collected"; and

2 NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER

c. The Stipulation to Dismiss is dated and

signed by Association's counsel, SVMM's

counsel, and Max Corp's counsel.

(2) This appeal was docketed on January 4, 2018.

(3) No payment is due.

The Stipulation to Dismiss complies with HRAP

Rule 42(b) (providing in part that if "parties to a docketed

appeal or other proceeding sign and file a stipulation for

dismissal, specifying the terms as to payment of costs and" pay

the fees that are due, "the case shall be dismissed upon

approval by the appellate court").

Therefore, IT IS ORDERED that the Stipulation to

Dismiss is granted. The parties shall bear their own attorneys'

fees and costs on appeal.

DATED: Honolulu, Hawai‘i, January 9, 2025.

/s/ Clyde J. Wadsworth Presiding Judge

/s/ Sonja M.P. McCullen Associate Judge

/s/ Henry T. Nakamoto Circuit Court Judge