The Bank of New York Mellon v. O'Toole

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 07-JAN-2026 08:15 AM Dkt. 22 OAWST NO. CAAP-XX-XXXXXXX

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

THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK SUCCESSOR TRUSTEE TO JPMORGAN CHASE BANK, N.A., AS TRUSTEE FOR THE STRUCTURED ASSET MORTGAGE INVESTMENTS II TRUST, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-AR7, Plaintiff-Appellee, v. MICHAEL ERIC O'TOOLE; DIANE ZERFUSS O'TOOLE, Defendants-Appellants, and JOHN DOES 1-20; JANE DOES 1-20; DOE CORPORATIONS 1-20; and DOE GOVERNMENTAL UNITS 1-20, Defendants

MICHAEL ERIC O'TOOLE; DIANE ZERFUSS O'TOOLE, Counterclaim Plaintiffs/Third-Party Plaintiffs-Appellants, v. THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK SUCCESSOR TRUSTEE TO JPMORGAN CHASE BANK, N.A., AS TRUSTEE FOR THE STRUCTURED ASSET MORTGAGE INVESTMENTS II TRUST, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-AR7, Counterclaim Defendant-Appellee, and BANK OF AMERICA, N.A.; SPECIALIZED LOAN SERVICING, LLC, a Colorado limited liability company; NATIONSTAR MORTGAGE, LLC, a Delaware limited liability company, Third-Party Defendants-Appellees, and DOES 1-10, Third-Party Defendants

APPEAL FROM THE CIRCUIT COURT OF THE THIRD CIRCUIT (CIVIL NO. 3CC16100359K)

ORDER APPROVING STIPULATION TO DISMISS APPEAL (By: Nakasone, Chief Judge, Leonard and McCullen, JJ.)

Upon consideration of the November 3, 2025 Stipulation for Dismissal with Prejudice of Defendants/Counterclaim and Third Party Plaintiffs-Appellants Michael Eric O'Toole and Diane Zerfuss O'Toole's Notice of Appeal Filed Herein on October 23, NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER 2024 (Stipulation), filed by Plaintiff-Appellee Bank of New York Mellon, the papers in support, and the record, it appears that: (1) The appeal has been docketed; (2) Under 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; and (3) The Stipulation is signed by counsel for all appearing parties.

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.

DATED: Honolulu, Hawai i, January 7, 2026.

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