Central Pacific Bank v. Ayson

NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER

Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
27-AUG-2024
08:10 AM
Dkt. 40 OAWST

NO. CAAP-XX-XXXXXXX

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

CENTRAL PACIFIC BANK, Plaintiff-Appellee,
v.
FERDINAND CARREON AYSON and VICTORIA ESPRECION AYSON,
Defendants-Appellants
and
FIRST HAWAIIAN BANK; PENTAGON FEDERAL C.U.; CITIBANK (SOUTH
DAKOTA), N.A.; VIVINT SOLAR, INC.; EWA BY GENTRY COMMMUNITY
ASSOCIATION; VIVINT SOLAR DEVELOPER, LLC,
Defendants-Appellees
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 FIRST CIRCUIT
(CIVIL NO. 1CCV-XX-XXXXXXX)

ORDER
(By: Wadsworth, Presiding Judge, Nakasone and Guidry, JJ.)

Upon consideration of the Stipulation for Dismissal of
Appeal, filed August 23, 2024, by Plaintiff-Appellee Central
Pacific Bank, the papers in support, and the record, it appears
that (1) the appeal has been docketed; (2) the parties
NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER

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, August 27, 2024.
/s/ Clyde J. Wadsworth
Presiding Judge

/s/ Karen T. Nakasone
Associate Judge

/s/ Kimberly T. Guidry
Associate Judge

1 The parties that have not signed, Defendants-Appellees First
Hawaiian Bank; Pentagon Federal C.U.; Citibank (South Dakota), N.A.; Vivint
Solar, Inc.; Ewa by Gentry Community Association; Vivint Solar Developer,
LLC, LLC, (jointly "Defendants-Appellees") did not file an Answering Brief.
Therefore, the court considers Defendants-Appellees nominal appellees, whose
signatures are not required on a stipulation to dismiss the appeal. See HRAP
Rule 2.1(b).
2