U.S. Bank National Association v. Tumbaga

Hawaii Intermediate Court of Appeals

U.S. Bank National Association v. Tumbaga

CourtHawaii Intermediate Court of Appeals

DecidedJuly 18, 2024

DocketCAAP-22-0000308

StatusPublished

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

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

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Opinion

NOT FOR PUBLICATION IN WEST‘S HAWAI‘I REPORTS AND PACIFIC REPORTER

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 18-JUL-2024 09:26 AM Dkt. 51 OAWST

NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI‘I

U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, FOR THE LXS 2005-9N TRUST FUND, Plaintiff-Appellee, v. MYRNA TOLBE TUMBAGA and ROGER BOLUSAN TUMBAGA, Defendants-Appellants and IRENEA BOLUSAN TUMBAGA; THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS SUCCESSOR TRUSTEE TO JPMORGAN CHASE BANK, N.A., AS TRUSTEE ON BEHALF OF THE CERTIFICATEHOLDERS OF THE CWHEQ INC., CWHEQ REVOLVING HOME EQUITY LOAN TRUST, SERIES 2006-C; MIDLAND FUNDING LLC, Defendants-Appellees and JOHN DOES 1-20; JANE DOES 1-20; DOE CORPORATIONS 1-20; DOE ENTITIES 1 20; AND DOE GOVERNMENTAL UNITS 1-20, Defendants

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CIVIL NO. 1CC161000015)

ORDER (By: Hiraoka, Presiding Judge, Nakasone and McCullen, JJ.)

Upon consideration of the "Stipulation for Dismissal with Prejudice of Notice of Appeal Filed April 29, 2022," by NOT FOR PUBLICATION IN WEST’S HAWAI‘I REPORTS AND PACIFIC REPORTER

Defendants-Appellants Myrna Tolbe Tumbaga and Roger Bolusan Tumbaga, the papers in support, and the record, it appears that (1) the appeal has docketed; (2) the parties stipulated to dismiss the appeal with prejudice, under Hawai‘i Rules of

Appellate Procedure (HRAP) Rule 42(b), and have addressed attorneys' fees and costs; and (3) the stipulation is dated and signed by counsel for all parties appearing in the appeal. Therefore, IT IS HEREBY ORDERED that the stipulation 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, July 18, 2024. /s/ Keith K. Hiraoka Presiding Judge

/s/ Karen T. Nakasone Associate Judge

/s/ Sonja M.P. McCullen Associate Judge

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NOT FOR PUBLICATION IN WEST‘S HAWAI‘I REPORTS AND PACIFIC REPORTER

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 18-JUL-2024 09:26 AM Dkt. 51 OAWST

NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI‘I

U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, FOR THE LXS 2005-9N TRUST FUND, Plaintiff-Appellee, v. MYRNA TOLBE TUMBAGA and ROGER BOLUSAN TUMBAGA, Defendants-Appellants and IRENEA BOLUSAN TUMBAGA; THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS SUCCESSOR TRUSTEE TO JPMORGAN CHASE BANK, N.A., AS TRUSTEE ON BEHALF OF THE CERTIFICATEHOLDERS OF THE CWHEQ INC., CWHEQ REVOLVING HOME EQUITY LOAN TRUST, SERIES 2006-C; MIDLAND FUNDING LLC, Defendants-Appellees and JOHN DOES 1-20; JANE DOES 1-20; DOE CORPORATIONS 1-20; DOE ENTITIES 1 20; AND DOE GOVERNMENTAL UNITS 1-20, Defendants

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CIVIL NO. 1CC161000015)

ORDER (By: Hiraoka, Presiding Judge, Nakasone and McCullen, JJ.)

Upon consideration of the "Stipulation for Dismissal with Prejudice of Notice of Appeal Filed April 29, 2022," by NOT FOR PUBLICATION IN WEST’S HAWAI‘I REPORTS AND PACIFIC REPORTER

Defendants-Appellants Myrna Tolbe Tumbaga and Roger Bolusan Tumbaga, the papers in support, and the record, it appears that (1) the appeal has docketed; (2) the parties stipulated to dismiss the appeal with prejudice, under Hawai‘i Rules of

Appellate Procedure (HRAP) Rule 42(b), and have addressed attorneys' fees and costs; and (3) the stipulation is dated and signed by counsel for all parties appearing in the appeal. Therefore, IT IS HEREBY ORDERED that the stipulation 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, July 18, 2024. /s/ Keith K. Hiraoka Presiding Judge

/s/ Karen T. Nakasone Associate Judge

/s/ Sonja M.P. McCullen Associate Judge

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