U.S. Bank National Association v. Amina

CourtHawaii Intermediate Court of Appeals
DecidedAugust 22, 2024
DocketCAAP-23-0000044
StatusPublished

This text of U.S. Bank National Association v. Amina (U.S. Bank National Association v. Amina) 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.

Bluebook
U.S. Bank National Association v. Amina, (hawapp 2024).

Opinion

NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 22-AUG-2024 08:08 AM Dkt. 161 OAWST

NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAIʻI

U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR J.P. MORGAN MORTGAGE ACQUISITION TRUST 2006-WMC2, ASSET BACKED PASS-THROUGH CERTIFICATES, SERIES 2006-WMC2, Plaintiff/Counterclaim Defendant-Appellee, v. DONNA MAE AMINA, also known as DONNA M. AMINA; MELVIN KEAKAKU AMINA, also known as MELVIN K. AMINA, Defendants/Third-Party Plaintiffs/Counterclaimants-Appellants, and ASSOCIATION OF APARTMENT OWNERS OF 2304 METCALF STREET, Defendant-Appellee, and NATIONWIDE TITLE CLEARING, INC. and ALDRIDGE PITE, LLP, Third-Party Defendants-Appellees, and DOES 1-20, inclusive, Defendants-Appellees.

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CIVIL NO. 1CC181000540)

ORDER APPROVING STIPULATION FOR DISMISSAL OF APPEAL (By: Wadsworth, Presiding Judge, McCullen and Guidry, JJ.)

Upon consideration of Plaintiff/Counterclaim-

Defendant-Appellee U.S. Bank National Association, as Trustee

for J.P. Morgan Mortgage Acquisition Trust 2006-WMC2, Asset

Backed Pass-Through Certificates, Series 2006-WMC2 (U.S. Bank),

Third-Party Defendant-Appellee Aldridge Pite, LLP (Aldridge NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER

Pite), Third-Party Defendant-Appellee Nationwide Title Clearing,

Inc. (Nationwide Title), and self-represented Defendants/Third-

Party Plaintiffs/Counterclaimants-Appellants Donna Mae Amina and

Melvin Keakaku Amina's (collectively Aminas) July 31, 2024

"Stipulation for Dismissal With Prejudice of Appeal"

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

and files, it appears that:

(1) On July 31, 2024, U.S. Bank, Aldridge Pite,

Nationwide Title, and the Aminas filed the

Stipulation to Dismiss pursuant to Hawai‘i Rules

of Appellate Procedure (HRAP) Rule 42(b);

a. The Stipulation to Dismiss states that

"all appearing parties" (U.S. Bank,

Aldridge Pite, Nationwide Title, and the

Aminas) stipulate that "the appeal filed

in this matter is hereby dismissed with

prejudice";

b. "Each party is to bear their own

attorneys' fees and costs"; and

c. The Stipulation to Dismiss is dated and

signed by the Aminas and counsel for all

parties appearing in the appeal;

(2) This appeal was docketed on July 12, 2023.

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

(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 approved and the appeal is dismissed with prejudice.

The parties shall bear their own attorneys' fees and costs on

appeal.

DATED: Honolulu, Hawai‘i, August 22, 2024.

/s/ Clyde J. Wadsworth Presiding Judge

/s/ Sonja M.P. McCullen Associate Judge

/s/ Kimberly T. Guidry Associate Judge

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U.S. Bank National Association v. Amina, Counsel Stack Legal Research, https://law.counselstack.com/opinion/us-bank-national-association-v-amina-hawapp-2024.