U.S. Bank Trust National Association v. McThewson
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NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER Electronically Filed Intermediate Court of Appeals CAAP-22-0000755 30-JUN-2023 12:16 PM Dkt. 34 OAWST NO. CAAP-22-0000755 IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI I U.S. BANK TRUST NATIONAL ASSOCIATION, not in its individual capacity but solely as owner trustee for RCF 2 Acquisition Trust, Plaintiff-Appellee, v. WILLIAM McTHEWSON, II, Defendant-Appellant, and THE ASSOCIATION OF APARTMENT OWNERS OF IAO PARKSIDE, Defendant-Appellee, 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 SECOND CIRCUIT (CASE NO. 2CC191000048) ORDER APPROVING STIPULATION FOR DISMISSAL OF APPEAL (By: Ginoza, Chief Judge, Wadsworth and Guidry, JJ.) Upon consideration of the Stipulation for Dismissal With Prejudice of Defendant William McThewson II's Notice of Appeal to the Intermediate Court of Appeals of the State of Hawaii From the December 1, 2022 Judgment, Filed December 29, 2022 (Stipulation), filed June 22, 2023, by Plaintiff-Appellee U.S. Bank Trust National Association, the papers in support, and the record, it appears that: (1) the appeal has been docketed and filing fees paid; (2) the Stipulation is dated and signed by counsel for all parties appearing in the appeal; (3) the parties agree to dismiss the appeal with prejudice, and that each party shall bear their own attorney's fees and costs; and (4) dismissal is authorized by Hawai i Rules of Appellate Procedure Rule 42(b). NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER Therefore, IT IS HEREBY ORDERED that the Stipulation is approved and the appeal is dismissed with prejudice.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, June 30, 2023. /s/ Lisa M. Ginoza Chief Judge /s/ Clyde J. Wadsworth Associate Judge /s/ Kimberly T. Guidry Associate Judge 2
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