Wilmington Savings Fund Society v. Johnson III

Hawaii Intermediate Court of Appeals

Wilmington Savings Fund Society v. Johnson III

CourtHawaii Intermediate Court of Appeals

DecidedOctober 24, 2025

DocketCAAP-25-0000081

StatusPublished

This text of Wilmington Savings Fund Society v. Johnson III (Wilmington Savings Fund Society v. Johnson III) 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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Wilmington Savings Fund Society v. Johnson III, (hawapp 2025).

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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NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER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 24-OCT-2025 08:03 AM Dkt. 35 OGMD

NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI#I

WILMINGTON SAVINGS FUND SOCIETY, FSB, AS OWNER TRUSTEE OF THE RESIDENTIAL CREDIT OPPORTUNITIES TRUST V-E, Plaintiff-Appellee, v. THOMAS MOSES JOHNSON III, Defendant/Cross-claimant Plaintiff-Appellee; and ASSOCIATION OF APARTMENT OWNERS OF KO#OLANI, INC., Defendant/Cross-claim Defendant-Appellee, and THE BANK OF NEW YORK MELLON, A NEW YORK CORPORATION, AS SUCCESSOR TO JPMORGAN CHASE BANK, N.A., AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWHEQ REVOLVING HOME EQUITY LOAN TRUST, SERIES 2006-F; MICHAEL HIROSHI NEKOBA; DARYLE SACHIYE HIRANO NEKOBA; FIRST HAWAIIAN BANK; OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, Defendants-Appellees, and JOHN DOES 1-5; JANE DOES 1-5; DOE PARTNERSHIPS 1-5; DOE CORPORATIONS 1-5; DOE ENTITIES 1-5; and DOE GOVERNMENTAL UNITS 1-5 Defendants.

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CIVIL NO. 1CCV-XX-XXXXXXX)

ORDER GRANTING MOTION TO DISMISS APPEAL (By: Hiraoka, Presiding Judge, McCullen and Guidry JJ.)

Upon consideration of Defendant/Crossclaim Defendant-Appellant Association of Apartment Owners of Ko#olani, Inc.'s September 26, 2025 Motion to Dismiss Appeal with Prejudice, the papers in support, the record, and there being no opposition, IT IS HEREBY ORDERED that the motion is granted and the appeal is dismissed with prejudice, under Hawai#i Rules of NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

Appellate Procedure Rule 42(b). The parties shall bear their own fees and costs on appeal.

DATED: Honolulu, Hawai#i, October 24, 2025.

/s/ Keith K. Hiraoka Presiding Judge

/s/ Sonja M.P. McCullen Associate Judge

/s/ Kimberly T. Guidry 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 24-OCT-2025 08:03 AM Dkt. 35 OGMD

NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI#I

WILMINGTON SAVINGS FUND SOCIETY, FSB, AS OWNER TRUSTEE OF THE RESIDENTIAL CREDIT OPPORTUNITIES TRUST V-E, Plaintiff-Appellee, v. THOMAS MOSES JOHNSON III, Defendant/Cross-claimant Plaintiff-Appellee; and ASSOCIATION OF APARTMENT OWNERS OF KO#OLANI, INC., Defendant/Cross-claim Defendant-Appellee, and THE BANK OF NEW YORK MELLON, A NEW YORK CORPORATION, AS SUCCESSOR TO JPMORGAN CHASE BANK, N.A., AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWHEQ REVOLVING HOME EQUITY LOAN TRUST, SERIES 2006-F; MICHAEL HIROSHI NEKOBA; DARYLE SACHIYE HIRANO NEKOBA; FIRST HAWAIIAN BANK; OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, Defendants-Appellees, and JOHN DOES 1-5; JANE DOES 1-5; DOE PARTNERSHIPS 1-5; DOE CORPORATIONS 1-5; DOE ENTITIES 1-5; and DOE GOVERNMENTAL UNITS 1-5 Defendants.

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CIVIL NO. 1CCV-XX-XXXXXXX)

ORDER GRANTING MOTION TO DISMISS APPEAL (By: Hiraoka, Presiding Judge, McCullen and Guidry JJ.)

Upon consideration of Defendant/Crossclaim Defendant-Appellant Association of Apartment Owners of Ko#olani, Inc.'s September 26, 2025 Motion to Dismiss Appeal with Prejudice, the papers in support, the record, and there being no opposition, IT IS HEREBY ORDERED that the motion is granted and the appeal is dismissed with prejudice, under Hawai#i Rules of NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

Appellate Procedure Rule 42(b). The parties shall bear their own fees and costs on appeal.

DATED: Honolulu, Hawai#i, October 24, 2025.

/s/ Keith K. Hiraoka Presiding Judge

/s/ Sonja M.P. McCullen Associate Judge

/s/ Kimberly T. Guidry Associate Judge

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Bluebook (online)

Wilmington Savings Fund Society v. Johnson III, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wilmington-savings-fund-society-v-johnson-iii-hawapp-2025.