Wells Fargo Bank v. Gilbert

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
19-JUN-2026
09:23 AM
Dkt. 66 OAWST
NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI I

WELLS FARGO BANK, NATIONAL ASSOCIATION AS TRUSTEE FOR
SECURITIZED ASSET BACKED RECEIVABLES LLC 2005-FR5
MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-FR-5,
Plaintiff-Appellee,
v.
PHONGPUN GILBERT, Defendant-Appellant,
and
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.;
UNITED STATES OF AMERICA; DIRECTOR, DEPARTMENT OF
TAXATION, STATE OF HAWAI I, Defendants-Appellees,
and
JOHN DOES 1-10; JANE DOES 1-10; DOE PARTNERSHIPS 1-10;
DOE CORPORATIONS 1-10; DOE ENTITIES 1-10; and
DOE GOVERNMENTAL UNITS 1-10, Defendants.

APPEAL FROM THE CIRCUIT COURT OF THE FIFTH CIRCUIT
(CASE NO. 5CC181000064)

ORDER APPROVING STIPULATION TO DISMISS APPEAL
(By: Nakasone, Chief Judge, Wadsworth and Gluck, JJ.)

Upon consideration of Plaintiff-Appellee Wells Fargo
Bank, National Association as Trustee for Securitized Asset
Backed Receivables LLC 2005-FR5 Mortgage Pass-Through
Certificates, Series 2005-FR5's June 8, 2026 "Stipulation for
Dismissal with Prejudice of Defendant-Appellant Phongpun
Gilbert's Notice of Appeal to the Intermediate Court of Appeals
of the State of Hawaii from the January 8, 2025 Judgment, Filed
Herein on February 7, 2025," and the record, it appears that:
(1) the appeal has been docketed, (2) the parties stipulate to
dismiss the appeal and bear their own attorneys' fees and costs
NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

on appeal, (3) the stipulation is dated and signed by counsel for
all parties appearing in the appeal, and (4) dismissal is
authorized by Hawai i Rules of Appellate Procedure Rule 42(b).
Therefore, IT IS HEREBY ORDERED that the stipulation is
approved and the appeal is dismissed. The parties shall bear
their own attorneys' fees and costs on appeal.
DATED: Honolulu, Hawai i, June 19, 2026.

/s/ Karen T. Nakasone
Chief Judge

/s/ Clyde J. Wadsworth
Associate Judge

/s/ Daniel M. Gluck
Associate Judge

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