Wilmington Savings Fund Society v. Udarbe

Hawaii Intermediate Court of Appeals

Wilmington Savings Fund Society v. Udarbe

CourtHawaii Intermediate Court of Appeals

DecidedAugust 31, 2022

DocketCAAP-21-0000384

StatusPublished

This text of Wilmington Savings Fund Society v. Udarbe (Wilmington Savings Fund Society v. Udarbe) 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. Udarbe, (hawapp 2022).

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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NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER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 31-AUG-2022 08:42 AM Dkt. 37 OAWST NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI#I

WILMINGTON SAVINGS FUND SOCIETY, FSB, D/B/A/ CHRISTIANA TRUST, NOT INDIVIDUALLY BUT AS TRUSTEE FOR PRETIUM MORTGAGE ACQUISITION TRUST, Plaintiff-Appellee, v. RUSTICO VILORIA UDARBE; RUSTICO VILORIA UDARBE, TRUSTEE OF THE UDARBE TRUST; HEDELIZA TOLENTINO UDARBE; HEDELIZA TOLENTINO UDARBE, TRUSTEE OF THE UDARBE TRUST, Defendants-Appellants, CORRINE E. GROSS; STATE OF HAWAI#I – DEPARTMENT OF TAXATION; UNITED STATES OF AMERICA; AMERICAN EXPRESS BANK, FSB, Defendants-Appellees, JOHN DOES 1-50; JANE DOES 1-50; DOE PARTNERSHIPS 1-50; DOE CORPORATIONS 1-50; DOE ENTITIES 1-50; and DOE GOVERNMENTAL UNITS 1-50, Defendants.

APPEAL FROM THE CIRCUIT COURT OF THE SECOND CIRCUIT (CIVIL NO. 2CC131000924(1))

ORDER APPROVING STIPULATION TO DISMISS APPEAL (By: Leonard, Presiding Judge, Hiraoka and Chan, JJ.) Upon consideration of the Stipulation for Dismissal With Prejudice of Notice of Appeal Filed June 23, 2021, filed August 25, 2022, by Plaintiff-Appellee Wilmington Savings Fund Society, FSB, the papers in support, and the record, it appears that (1) the appeal has been docketed and the filing fees have been paid; (2) the parties stipulate to dismiss the appeal with prejudice and bear their own attorneys' fees and costs, under Hawai#i Rules of Appellate Procedure Rule 42(b); and (3) the NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

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. DATED: Honolulu, Hawai#i, August 31, 2022.

/s/ Katherine G. Leonard Presiding Judge

/s/ Keith K. Hiraoka Associate Judge

/s/ Derrick H.M. Chan 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 31-AUG-2022 08:42 AM Dkt. 37 OAWST NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI#I

WILMINGTON SAVINGS FUND SOCIETY, FSB, D/B/A/ CHRISTIANA TRUST, NOT INDIVIDUALLY BUT AS TRUSTEE FOR PRETIUM MORTGAGE ACQUISITION TRUST, Plaintiff-Appellee, v. RUSTICO VILORIA UDARBE; RUSTICO VILORIA UDARBE, TRUSTEE OF THE UDARBE TRUST; HEDELIZA TOLENTINO UDARBE; HEDELIZA TOLENTINO UDARBE, TRUSTEE OF THE UDARBE TRUST, Defendants-Appellants, CORRINE E. GROSS; STATE OF HAWAI#I – DEPARTMENT OF TAXATION; UNITED STATES OF AMERICA; AMERICAN EXPRESS BANK, FSB, Defendants-Appellees, JOHN DOES 1-50; JANE DOES 1-50; DOE PARTNERSHIPS 1-50; DOE CORPORATIONS 1-50; DOE ENTITIES 1-50; and DOE GOVERNMENTAL UNITS 1-50, Defendants.

APPEAL FROM THE CIRCUIT COURT OF THE SECOND CIRCUIT (CIVIL NO. 2CC131000924(1))

ORDER APPROVING STIPULATION TO DISMISS APPEAL (By: Leonard, Presiding Judge, Hiraoka and Chan, JJ.) Upon consideration of the Stipulation for Dismissal With Prejudice of Notice of Appeal Filed June 23, 2021, filed August 25, 2022, by Plaintiff-Appellee Wilmington Savings Fund Society, FSB, the papers in support, and the record, it appears that (1) the appeal has been docketed and the filing fees have been paid; (2) the parties stipulate to dismiss the appeal with prejudice and bear their own attorneys' fees and costs, under Hawai#i Rules of Appellate Procedure Rule 42(b); and (3) the NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

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. DATED: Honolulu, Hawai#i, August 31, 2022.

/s/ Katherine G. Leonard Presiding Judge

/s/ Keith K. Hiraoka Associate Judge

/s/ Derrick H.M. Chan Associate Judge

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Wilmington Savings Fund Society v. Udarbe, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wilmington-savings-fund-society-v-udarbe-hawapp-2022.