Moss v. Bank of America, N.A.

NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER

Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
08-OCT-2025
09:07 AM
Dkt. 47 OAWST

NO. CAAP-XX-XXXXXXX

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

DAVID MOSS; PAUL ANILE, Individually and as Trustee
of the Paul Anile 2002 Trust dated March 8, 2002, MICHAEL J.
VALENTINE; MICHAEL J. VALENTINE, Administrator of the Estate of
MARCIA DIANE VALENTINE aka MARCIA DIANE BALLARD VALENTINE;
and JOHN E. CASHMAN, Plaintiffs-Appellees,
and
KIMBERLY A. SHIEL and ANTHONY P. SHIEL, Plaintiffs-Appellants,
v.
BANK OF AMERICA, N.A.; JOSHUA A. BARNARD-VAUX; ROXANNE F.
BARNARD-VAUX; NEW RESIDENTIAL MORTGAGE LLC; PAUL K. STIEFEL;
SHARON E. HAWKINS; WELLS FARGO BANK, N.A.; SHALOM REZVANI LLC;
MAKAHUENA 1204 LLC, aka MAKAHUENA I204 LLC or MAKAHUENA I-204
LLC; Defendants-Appellees,
and
DOE DEFENDANTS 1-50, Defendants.

APPEAL FROM THE CIRCUIT COURT OF THE FIFTH CIRCUIT
(CIVIL NO. 5CCV-XX-XXXXXXX)

ORDER
(By: Nakasone, Chief Judge, McCullen and Guidry, JJ.)

Upon consideration of the Stipulation for Dismissal
with Prejudice of Appeal, filed September 29, 2025, by
NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER

Defendants-Appellees Paul K. Stiefel, Sharon E. Hawkins, and
Wells Fargo Bank, N.A. and Plaintiffs-Appellants Kimberly A.
Shiel and Anthony P. Shiel, the papers in support, and the
record, it appears that (1) the appeal has been docketed;
(2) the parties to the appeal stipulated to dismiss the appeal
with prejudice, under Hawai‘i Rules of Appellate Procedure (HRAP)
Rule 42(b), and have addressed attorneys' fees and costs; and
(3) the stipulation is dated and signed by counsel for all
parties appearing in the appeal who are not nominal parties. 1
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 on
appeal.
DATED: Honolulu, Hawai‘i, October 8, 2025.

/s/ Karen T. Nakasone
Chief Judge

/s/ Sonja M.P. McCullen
Associate Judge

/s/ Kimberly T. Guidry
Associate Judge

1 The parties that have not signed, Plaintiffs-Appellees David
Moss, Paul Anile, Individually and as Trustee of the Paul Anile 2002 Trust
dated March 8, 2002, Michael J. Valentine, Michael J. Valentine,
Administrator of the Estate of Marcia Diane Valentine aka Marcia Diane
Ballard Valentine, and John E. Cashman, and Defendants-Appellees Bank of
America, N.A., Joshua A. Bernard-Vaux, Roxanne F. Bernard-Vaux, New
Residential Mortgage LLC, Shalom Rezvani LLC, Makahuena 1204 LLC, aka
Makahuena I204 LLC or Makahuena I-204 LLC did not participate in the appeal,
and this court considers them nominal appellees, whose signatures are not
required on a stipulation to dismiss the appeal. See HRAP Rule 2.1(b).
2