NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 09-OCT-2025 07:50 AM Dkt. 58 OAWST

NO. CAAP-XX-XXXXXXX

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

BETTY A. KAYA and ADRIAN KAYA, Plaintiffs-Appellants; and EVON M. RODRIGUES-VARES, Plaintiff-Appellee, v. BANK OF AMERICA, N.A.; LEILANI M. CORTEZ; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.; AMERICAN SAVINGS BANK, F.S.B.; PINNACLE CAPITAL MORTGAGE CORPORATION; JAY C. PERALTA; EMELY Q. PERALTA, Defendants-Appellees, and DOE DEFENDANTS 1-50, Defendants

APPEAL FROM THE CIRCUIT COURT OF THE SECOND CIRCUIT (CASE NO. 2CC191000154) ORDER APPROVING STIPULATION TO DISMISS APPEAL WITH PREJUDICE (By: Leonard, Presiding Judge, McCullen and Guidry, JJ.)

Upon consideration of the "Stipulation for Dismissal with Prejudice of Appeal" (Stipulation), filed on October 3, 2025, and the record, it appears that (1) the appeal has been docketed and the filing fees have been paid; (2) pursuant to Hawaiʻi Rules of Appellate Procedure Rule 42(b), the parties stipulate to dismiss the appeal and bear their own attorneys' NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER

fees and costs associated with this appeal; and (3) the Stipulation has been 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 in this appeal.

DATED: Honolulu, Hawaiʻi, October 9, 2025.

/s/ Katherine G. Leonard Presiding Judge /s/ Sonja M.P. McCullen Associate Judge /s/ Kimberly T. Guidry Associate Judge