The Bank of New York Mellon v. Lewis

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 26-JAN-2024 08:08 AM Dkt. 39 ORD NO. CAAP-XX-XXXXXXX

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

THE BANK OF NEW YORK MELLON, fka THE BANK OF NEW YORK, AS TRUSTEE FOR REGISTERED HOLDERS OR CWABS, INC., ASSET-BACKED CERTIFICATES, SERIES 2006-3, Plaintiff-Appellee, v. TRACY M. LEWIS; BRENDAN L. LEWIS; and HAUULA PROPERTIES II, LLC, Defendants-Appellants, 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 APPROVING STIPULATION TO DISMISS DEFENDANT-APPELLANT HAUULA PROPERTIES II, LLC'S APPEAL (By: Leonard, Acting Chief Judge, Nakasone and McCullen, JJ.)

Upon consideration of the Stipulation for Dismissal of Appellant Hauula Properties II, LLC, filed January 23, 2024, by Defendant-Appellant Hauula Properties II LLC (Hauula), the papers in support, and the record, it appears that (1) the appeal has been docketed; (2) the parties stipulate to dismiss Hauula's appeal, under Hawai i Rules of Appellate Procedure Rule 42(b), noting all fees have been paid and the parties shall bear their own costs; and (3) the stipulation is dated and signed by counsel for all parties appearing in the appeal.

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER Therefore, IT IS HEREBY ORDERED that the stipulation is approved and Hauula's appeal is dismissed. The parties shall bear their own costs on appeal.

DATED: Honolulu, Hawai i, January 26, 2024.

/s/ Katherine G. Leonard Acting Chief Judge /s/ Karen T. Nakasone Associate Judge /s/ Sonja M.P. McCullen Associate Judge