Wilmington Sav. Fund Soc'y v. Udarbe

• Decision Date: 31 August 2022
• Docket Number: CAAP-21-0000384
• Parties: WILMINGTON SAVINGS FUND SOCIETY, FSB, D/B/A/ CHRISTIANA TRUST, NOT INDIVIDUALLY BUT AS TRUSTEE FOR PRETIUM MORTGAGE ACQUISITION TRUST, Plaintiff-Appellee, v. RUSTICO VILORIA UDARBE; RUSTICO VILORIA UDARBE, TRUSTEE OF THE UDARBE TRUST; HEDELIZA TOLENTINO UDARBE; HEDELIZA TOLENTINO UDARBE, TRUSTEE OF THE UDARBE TRUST, Defendants-Appellants, CORRINE E. GROSS; STATE OF HAWAI'I - DEPARTMENT OF TAXATION; UNITED STATES OF AMERICA; AMERICAN EXPRESS BANK, FSB, Defendants-Appellees, JOHN DOES 1-50; JANE DOES 1-50; DOE PARTNERSHIPS 1-50; DOE CORPORATIONS 1-50; DOE ENTITIES 1-50; and DOE GOVERNMENTAL UNITS 1-50, Defendants.
• Court: Hawaii Court of Appeals

WILMINGTON SAVINGS FUND SOCIETY, FSB, D/B/A/ CHRISTIANA TRUST, NOT INDIVIDUALLY BUT AS TRUSTEE FOR PRETIUM MORTGAGE ACQUISITION TRUST, Plaintiff-Appellee, v. RUSTICO VILORIA UDARBE; RUSTICO VILORIA UDARBE, TRUSTEE OF THE UDARBE TRUST; HEDELIZA TOLENTINO UDARBE; HEDELIZA TOLENTINO UDARBE, TRUSTEE OF THE UDARBE TRUST, Defendants-Appellants, CORRINE E. GROSS; STATE OF HAWAI'I - DEPARTMENT OF TAXATION; UNITED STATES OF AMERICA; AMERICAN EXPRESS BANK, FSB, Defendants-Appellees, JOHN DOES 1-50; JANE DOES 1-50; DOE PARTNERSHIPS 1-50; DOE CORPORATIONS 1-50; DOE ENTITIES 1-50; and DOE GOVERNMENTAL UNITS 1-50, Defendants.

No. CAAP-21-0000384

Intermediate Court of Appeals of Hawaii

August 31, 2022

NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS AND PACIFIC REPORTER

APPEAL FROM THE CIRCUIT COURT OF THE SECOND CIRCUIT (CIVIL NO. 2CC131000924(1))

By: Leonard, Presiding Judge, Hiraoka and Chan, JJ.

ORDER APPROVING STIPULATION TO DISMISS APPEAL

Upon consideration of the Stipulation for Dismissal With Prejudice of Notice of Appeal Filed June 23, 2021, filed August 25, 2022, by Plaintiff-Appellee Wilmington Savings Fund Society, FSB, the papers in support, and the record, it appears that (1) the appeal has been docketed and the filing fees have been paid; (2) the parties stipulate to dismiss the appeal with prejudice and bear their own attorneys' fees and costs, under Hawai'i Rules of Appellate Procedure Rule 42 (b); and (3) the stipulation is dated and 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.