NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 27-AUG-2024 08:10 AM Dkt. 40 OAWST

NO. CAAP-XX-XXXXXXX

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

CENTRAL PACIFIC BANK, Plaintiff-Appellee, v. FERDINAND CARREON AYSON and VICTORIA ESPRECION AYSON, Defendants-Appellants and FIRST HAWAIIAN BANK; PENTAGON FEDERAL C.U.; CITIBANK (SOUTH DAKOTA), N.A.; VIVINT SOLAR, INC.; EWA BY GENTRY COMMMUNITY ASSOCIATION; VIVINT SOLAR DEVELOPER, 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. 1CCV-XX-XXXXXXX)

ORDER (By: Wadsworth, Presiding Judge, Nakasone and Guidry, JJ.)

Upon consideration of the Stipulation for Dismissal of Appeal, filed August 23, 2024, by Plaintiff-Appellee Central Pacific Bank, the papers in support, and the record, it appears that (1) the appeal has been docketed; (2) the parties NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER

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 who are not nominal parties. 1 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, August 27, 2024. /s/ Clyde J. Wadsworth Presiding Judge /s/ Karen T. Nakasone Associate Judge /s/ Kimberly T. Guidry Associate Judge

1 The parties that have not signed, Defendants-Appellees First Hawaiian Bank; Pentagon Federal C.U.; Citibank (South Dakota), N.A.; Vivint Solar, Inc.; Ewa by Gentry Community Association; Vivint Solar Developer, LLC, LLC, (jointly "Defendants-Appellees") did not file an Answering Brief.

Therefore, the court considers Defendants-Appellees nominal appellees, whose signatures are not required on a stipulation to dismiss the appeal. See HRAP Rule 2.1(b).