NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 21-MAY-2020 09:17 AM NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI#I WILMINGTON TRUST, NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS SUCCESSOR TRUSTEE TO CITIBANK, N.A. AS TRUSTEE TO LEHMAN XS TRUST MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-10, Plaintiff-Appellee, v. ASSOCIATION OF APARTMENT OWNERS OF WAIKOLOA HILLS CONDOMINIUM, Defendant-Appellant, and MARSHALL D. CHINEN, ESQ., AS THE PERSONAL REPRESENTATIVE OF THE ESTATE OF ARCHIE K. GRANT AKA ARCHIE GRANT, JR., DECEASED; MICHIKO GRANT, 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 THIRD CIRCUIT (CIVIL NO. 17-1-106K) ORDER GRANTING MOTION TO DISMISS APPEAL (By: Ginoza, Chief Judge, Chan and Wadsworth, JJ.)

Upon consideration of Defendant-Appellant Association of Apartment Owners of Waikoloa Hills Condominium's May 14, 2020 Motion to Dismiss Appeal CAAP-XX-XXXXXXX, the papers in support, and the record, IT IS HEREBY ORDERED that the motion is granted and the appeal is dismissed, under Hawai#i Rules of Appellate Procedure Rule 42(b).

DATED: Honolulu, Hawai#i, May 21, 2020.

/s/ Lisa M. Ginoza Chief Judge /s/ Derrick H.M. Chan Associate Judge /s/ Clyde J. Wadsworth Associate Judge