Title Guaranty Escrow Services v. Mililani Town Association

• Court: Hawaii Intermediate Court of Appeals
• Decided: August 20, 2024
• Docket: CAAP-17-0000831
• Status: Published

Opinion

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 20-AUG-2024 08:33 AM Dkt. 181 ORD

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 ALVIN K. ISAACS, 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 (By: McCullen, J.)

Upon consideration of the Defendant/Cross-Claim

Plaintiff/Cross-Claim Defendant-Appellee/Cross-Appellant

Mililani Town Association's "Notice of Disaffiliation

and Withdrawal of Counsel (Kenny Y.H. Baik) and Appearance of Counsel (Reginald K.T. Yee)," filed August 15, 2024, by Yee,

which the court construes as a motion to withdraw as counsel,

under Hawaiʻi Rules of Appellate Procedure (HRAP) Rule 50(a), the

papers in support, and the record, it appears that:

(1) Mililani Town Association is represented in this

appeal by the law firm of Ekimoto & Morris, LLLC;

(2) Baik "has been disaffiliated from the law firm of

Ekimoto & Morris, LLLC, and withdraws from representing"

Mililani Town Association;

(3) Yee of Ekimoto & Morris enter "their appearance as

counsel of record" for Mililani Town Association;

(4) HRAP Rule 50(a) provides with respect to

withdrawal, that an attorney moving to withdraw as counsel of

record "must show that notice of the motion was given by service

upon the attorney's client." HRAP Rule 50(a); and

(5) The Notice of Disaffiliation and Withdrawal does

not specify whether the client was informed of the withdrawal of

counsel. Nonetheless, the court will allow Baik to withdraw,

but require Yee to demonstrate service of the Notice of

Withdrawal and Disaffiliation upon the client.

Therefore, IT IS ORDERED that the August 15, 2024

Notice of Withdrawal and Disaffiliation, construed as a motion

to withdraw as counsel, is granted. Within ten days from the

date of this order, Yee shall file a declaration, affidavit, or

2 certificate of service indicating the Notice of Withdrawal and

Disaffiliation was provided to the client, or that the client

was otherwise informed of Baik's withdrawal.

IT IS FURTHER ORDERED that the appellate clerk shall

end Baik as a party to this appeal in the Judiciary Information

Management System.

DATED: Honolulu, Hawaiʻi, August 20, 2024.

/s/ Sonja M.P. McCullen Associate Judge