Wilmington Savings Fund Society v. Johnson III

CourtListener 10710549HawappOct 24, 2025

Full text

NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
24-OCT-2025
08:03 AM
Dkt. 35 OGMD

NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI#I

WILMINGTON SAVINGS FUND SOCIETY, FSB, AS OWNER TRUSTEE
OF THE RESIDENTIAL CREDIT OPPORTUNITIES TRUST V-E,
Plaintiff-Appellee, v.
THOMAS MOSES JOHNSON III,
Defendant/Cross-claimant Plaintiff-Appellee; and
ASSOCIATION OF APARTMENT OWNERS OF KO#OLANI, INC.,
Defendant/Cross-claim Defendant-Appellee, and
THE BANK OF NEW YORK MELLON, A NEW YORK CORPORATION, AS SUCCESSOR
TO JPMORGAN CHASE BANK, N.A., AS TRUSTEE FOR THE
CERTIFICATEHOLDERS OF CWHEQ REVOLVING HOME EQUITY LOAN TRUST,
SERIES 2006-F; MICHAEL HIROSHI NEKOBA; DARYLE SACHIYE HIRANO
NEKOBA; FIRST HAWAIIAN BANK; OLD REPUBLIC NATIONAL TITLE
INSURANCE COMPANY, Defendants-Appellees, and
JOHN DOES 1-5; JANE DOES 1-5; DOE PARTNERSHIPS 1-5; DOE
CORPORATIONS 1-5; DOE ENTITIES 1-5; and
DOE GOVERNMENTAL UNITS 1-5 Defendants.

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT
(CIVIL NO. 1CCV-XX-XXXXXXX)

ORDER GRANTING MOTION TO DISMISS APPEAL
(By: Hiraoka, Presiding Judge, McCullen and Guidry JJ.)

Upon consideration of Defendant/Crossclaim
Defendant-Appellant Association of Apartment Owners of Ko#olani,
Inc.'s September 26, 2025 Motion to Dismiss Appeal with
Prejudice, the papers in support, the record, and there being no
opposition,
IT IS HEREBY ORDERED that the motion is granted and the
appeal is dismissed with prejudice, under Hawai#i Rules of
NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

Appellate Procedure Rule 42(b). The parties shall bear their own
fees and costs on appeal.

DATED: Honolulu, Hawai#i, October 24, 2025.

/s/ Keith K. Hiraoka
Presiding Judge

/s/ Sonja M.P. McCullen
Associate Judge

/s/ Kimberly T. Guidry
Associate Judge

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