Mortgage Capital Group, LLC v. Johnson, III

NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
04-JUN-2021
09:07 AM
Dkt. 62 OAWST

NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI#I

MORTGAGE CAPITAL GROUP, LLC, a Hawaii limited liability
company, Plaintiff-Appellee, v. THOMAS MOSES JOHNSON,
III, also known as THOMAS M. JOHNSON, III, Defendant-
Appellant; and 3M INVESTMENTS INC.; ASSOCIATION OF
APARTMENT OWNERS OF ALA MOANA HOTEL CONDOMINIUM; KOKO
MARINA HOLDINGS;, JOHN DOES 1-20, JANE DOES 1-20,
DOE PARTNERSHIPS 1-20, DOE CORPORATIONS 1-20, DOE
ENTITIES 1-20 and DOE GOVERNMENTAL UNITS 1-20,
Defendants-Appellees

ALLAN POLLOCK, RICHARD PAIGE and CATHY E. PAIGE,
TRUSTEE OF THE CATHY E. PAIGE 2002 TRUST, Third Party
Plaintiffs v. FIRST HAWAIIAN BANK and OLD REPUBLIC
NATIONAL TITLE INSURANCE COMPANY, Third Party
Defendants

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT
(CIVIL NO. 09-1-0487-02)

ORDER APPROVING STIPULATION TO DISMISS APPEAL
(By: Fujise, Presiding Judge, Hiraoka and Wadsworth, JJ.)
Upon consideration of the Stipulation of Parties to
Dismiss Appeal, filed June 1, 2021, by Defendant-Appellant Thomas
Moses Johnson III, the papers in support, and the record, it
appears that (1) the appeal has not been docketed; (2) the
parties stipulate to dismiss the appeal and bear their own
attorneys' fees and costs; (3) the stipulation is signed by
counsel for all parties appearing in the appeal; and
NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

(4) dismissal is authorized by Hawai#i Rules of Appellate
Procedure Rule 42(a).
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 4, 2021.

/s/ Alexa D.M. Fujise
Presiding Judge

/s/ Keith K. Hiraoka
Associate Judge

/s/ Clyde J. Wadsworth
Associate Judge

2