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Bank of New York Mellon v. Irvine

Intermediate Court of Appeals of Hawaii

February 13, 2014

THE BANK OF NEW YORK MELLON, f/k/a The Bank of New York as TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, -INC., ASSET-BACKED CERTIFICATES, SERIES 2005-10, Plaintiff-Appellee,
v.
CYNTHIA KAY IRVINE, et al., Defendants-Appellants, and JOHN DOE or JANE DOE, ALL PERSONS RESIDING WITH AND ANY PERSONS CLAIMING BY AND THROUGH OR UNDER THEM, Defendants

NOT FOR PUBLICATION IN WEST'S HAWAI'I REPORTS AND PACIFIC REPORTER

APPEAL FROM THE CIRCUIT COURT OF THE THIRD CIRCUIT (CIVIL NO. 3RC13-1-084H)

Foley, Presiding Judge, Fujise and Leonard, JJ.

ORDER DISMISSING THE APPEAL

Upon consideration of the January 28, 2014 "Stipulation for Voluntary Dismissal of Appeal" between Defendants-Appellants Cynthia K. Irvine, et al. and Plaintiff-Appellee The Bank of New York Mellon, etc., and the records and files herein, pursuant to Rule 42 of the Hawai'i Rules of Appellate Procedure (HRAP), it appears that the record on appeal has not been docketed. Therefore, pursuant to HRAP Rule 42(a), which is applicable where no record on appeal has been docketed,

IT IS HEREBY ORDERED that the appeal is dismissed. The parties shall bear their own appellate costs and fees.


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