U.S. Bank National Association v. Miro-Ruiz

Hawaii Intermediate Court of Appeals

U.S. Bank National Association v. Miro-Ruiz

CourtHawaii Intermediate Court of Appeals

DecidedOctober 28, 2022

DocketCAAP-20-0000483

StatusPublished

This text of U.S. Bank National Association v. Miro-Ruiz (U.S. Bank National Association v. Miro-Ruiz) 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. Miro-Ruiz, (hawapp 2022).

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Opinion

NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 28-OCT-2022 07:59 AM Dkt. 53 OAWST

NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAIʻI

U.S. BANK NATIONAL ASSOCIATION, as Trustee Successor in Interest to Wilmington Trust Company, as Trustee, Successor in Interest to Bank of America, National Association as Trustee, Successor by Merger to LaSalle Bank National Association, as Trustee for Structured Asset Investment Loan Trust Mortgage Pass-Through Certificates, Series 2005-1, Plaintiff-Appellee, v. CHONG MIRO-RUIZ, KEHALANI COMMUNITY ASSOCIATION, Defendants-Appellees, and LAUNANI ASSETS, LLC, a Hawaii Limited Liability Company, Defendant-Appellant-Intervenor and DOES 1-20 Inclusive, Defendants

APPEAL FROM THE CIRCUIT COURT OF THE SECOND CIRCUIT (CIVIL NO. 2CC161000436)

ORDER APPROVING STIPULATION FOR DISMISSAL OF APPEAL (By: Ginoza, Chief Judge, Wadsworth and Nakasone, JJ.)

Upon consideration of the Stipulation for Dismissal of Appeal (Stipulation), filed October 20, 2022, by Plaintiff- Appellee U.S. Bank National Association as Trustee Successor in Interest to Bank of America, National Association as Trustee, Successor by Merger to LaSalle Bank National Association, as Trustee for Structured Asset Investment Loan Trust Mortgage Pass- Through Certificates, Series 2005-1, (U.S. Bank), the papers in support, and the record, it appears that (1) the appeal has been docketed; (2) the parties to the appeal, U.S. Bank and Launani NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER

Assets LLC, a Hawaii Limited Liability Company (Launani) stipulate to dismiss the appeal and have specified the terms as to payment of attorneys' fees and costs and agreed that there are no outstanding fees and costs due; (3) Hawaiʻi Rules of Appellate Procedure (HRAP) Rule 42(b) authorizes the "parties to a docketed appeal" to "sign and file a stipulation for dismissal"; and (4) the Stipulation is dated and signed by counsel for all parties appearing in the appeal. Therefore, IT IS HEREBY ORDERED that the Stipulation for Dismissal of Appeal is approved, and the appeal is dismissed with prejudice. DATED: Honolulu, Hawaiʻi, October 28, 2022.

/s/ Lisa M. Ginoza Chief Judge

/s/ Clyde J. Wadsworth Associate Judge

/s/ Karen T. Nakasone Associate Judge

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

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 28-OCT-2022 07:59 AM Dkt. 53 OAWST

NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAIʻI

U.S. BANK NATIONAL ASSOCIATION, as Trustee Successor in Interest to Wilmington Trust Company, as Trustee, Successor in Interest to Bank of America, National Association as Trustee, Successor by Merger to LaSalle Bank National Association, as Trustee for Structured Asset Investment Loan Trust Mortgage Pass-Through Certificates, Series 2005-1, Plaintiff-Appellee, v. CHONG MIRO-RUIZ, KEHALANI COMMUNITY ASSOCIATION, Defendants-Appellees, and LAUNANI ASSETS, LLC, a Hawaii Limited Liability Company, Defendant-Appellant-Intervenor and DOES 1-20 Inclusive, Defendants

APPEAL FROM THE CIRCUIT COURT OF THE SECOND CIRCUIT (CIVIL NO. 2CC161000436)

ORDER APPROVING STIPULATION FOR DISMISSAL OF APPEAL (By: Ginoza, Chief Judge, Wadsworth and Nakasone, JJ.)

Upon consideration of the Stipulation for Dismissal of Appeal (Stipulation), filed October 20, 2022, by Plaintiff- Appellee U.S. Bank National Association as Trustee Successor in Interest to Bank of America, National Association as Trustee, Successor by Merger to LaSalle Bank National Association, as Trustee for Structured Asset Investment Loan Trust Mortgage Pass- Through Certificates, Series 2005-1, (U.S. Bank), the papers in support, and the record, it appears that (1) the appeal has been docketed; (2) the parties to the appeal, U.S. Bank and Launani NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER

Assets LLC, a Hawaii Limited Liability Company (Launani) stipulate to dismiss the appeal and have specified the terms as to payment of attorneys' fees and costs and agreed that there are no outstanding fees and costs due; (3) Hawaiʻi Rules of Appellate Procedure (HRAP) Rule 42(b) authorizes the "parties to a docketed appeal" to "sign and file a stipulation for dismissal"; and (4) the Stipulation is dated and signed by counsel for all parties appearing in the appeal. Therefore, IT IS HEREBY ORDERED that the Stipulation for Dismissal of Appeal is approved, and the appeal is dismissed with prejudice. DATED: Honolulu, Hawaiʻi, October 28, 2022.

/s/ Lisa M. Ginoza Chief Judge

/s/ Clyde J. Wadsworth Associate Judge

/s/ Karen T. Nakasone Associate Judge

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U.S. Bank National Association v. Miro-Ruiz, Counsel Stack Legal Research, https://law.counselstack.com/opinion/us-bank-national-association-v-miro-ruiz-hawapp-2022.