Akana v. Bank of America, N.A.
Akana v. Bank of America, N.A.
Opinion
NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER
Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 17-OCT-2025 08:08 AM Dkt. 120 OAWST
NO. CAAP-XX-XXXXXXX
IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI‘I
GRACE F. AKANA, Individually and as Trustee of the Revocable Living Trust of Grace F. Akana Dated May 20, 1994; SIENNA L. MARTIN; MARK A. PHILLIPS; WILLIAM L. STALEY, Individually and as Trustee of the William L. Staley Living Trust Dated October 20, 1999, ROBERT G. STRAUB, SR., Plaintiffs, HOLLY M. PHILLIPS; MARGARET M. PHILLIPS; JOHN J. PHILLIPS, III; and DIANE S. SIANGCO, Plaintiffs-Appellants, v. BANK OF AMERICA, N.A.; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.; CURTIS H. TAKAMIYA; JANIS LYNN MARTINEZ, Individually and as Trustee of the Johnny and Janis Martinez Living Trust Dated April 29, 2004; WELLS FARGO BANK, N.A.; JASON J. SANTOS; SARAH A. NICOLE SANTOS; HUGH MESHELL; LINDA MESHELL; CENTRAL PACIFIC HOME LOANS, INC.; PENNYMAC LOAN SERVICES, LLC, Defendants-Appellees and DOE DEFENDANTS 1-50, Defendants.
APPEAL FROM THE CIRCUIT COURT OF THE SECOND CIRCUIT (CASE NO. 2CC191000135) NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER
ORDER APPROVING STIPULATION TO DISMISS APPEAL WITH PREJUDICE (By: Nakasone, Chief Judge, Hiraoka and Guidry, JJ.)
Upon consideration of the "Stipulation for Dismissal with Prejudice of Appeal" (Stipulation), filed on October 13, 2025, and the record, it appears that (1) the appeal has been docketed and the filing fees have been paid; (2) pursuant to Hawai‘i Rules of Appellate Procedure Rule 42(b), the parties stipulate to dismiss the appeal with prejudice and bear their own attorneys' 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, Hawai‘i, October 17, 2025.
/s/ Karen T. Nakasone Chief Judge /s/ Keith K. Hiraoka Associate Judge /s/ Kimberly T. Guidry Associate Judge
Opinion
NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER
Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 17-OCT-2025 08:08 AM Dkt. 120 OAWST
NO. CAAP-XX-XXXXXXX
IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI‘I
GRACE F. AKANA, Individually and as Trustee of the Revocable Living Trust of Grace F. Akana Dated May 20, 1994; SIENNA L. MARTIN; MARK A. PHILLIPS; WILLIAM L. STALEY, Individually and as Trustee of the William L. Staley Living Trust Dated October 20, 1999, ROBERT G. STRAUB, SR., Plaintiffs, HOLLY M. PHILLIPS; MARGARET M. PHILLIPS; JOHN J. PHILLIPS, III; and DIANE S. SIANGCO, Plaintiffs-Appellants, v. BANK OF AMERICA, N.A.; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.; CURTIS H. TAKAMIYA; JANIS LYNN MARTINEZ, Individually and as Trustee of the Johnny and Janis Martinez Living Trust Dated April 29, 2004; WELLS FARGO BANK, N.A.; JASON J. SANTOS; SARAH A. NICOLE SANTOS; HUGH MESHELL; LINDA MESHELL; CENTRAL PACIFIC HOME LOANS, INC.; PENNYMAC LOAN SERVICES, LLC, Defendants-Appellees and DOE DEFENDANTS 1-50, Defendants.
APPEAL FROM THE CIRCUIT COURT OF THE SECOND CIRCUIT (CASE NO. 2CC191000135) NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER
ORDER APPROVING STIPULATION TO DISMISS APPEAL WITH PREJUDICE (By: Nakasone, Chief Judge, Hiraoka and Guidry, JJ.)
Upon consideration of the "Stipulation for Dismissal with Prejudice of Appeal" (Stipulation), filed on October 13, 2025, and the record, it appears that (1) the appeal has been docketed and the filing fees have been paid; (2) pursuant to Hawai‘i Rules of Appellate Procedure Rule 42(b), the parties stipulate to dismiss the appeal with prejudice and bear their own attorneys' 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, Hawai‘i, October 17, 2025.
/s/ Karen T. Nakasone Chief Judge /s/ Keith K. Hiraoka Associate Judge /s/ Kimberly T. Guidry Associate Judge
Case-law data current through December 31, 2025. Source: CourtListener bulk data.