NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

NO. CAAP-23-0000084

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI I

US BANK NATIONAL ASSOCIATION AS TRUSTEE, SUCCESSOR IN INTEREST TO

BANK OF AMERICA NATIONAL ASSOCIATION, AS TRUSTEE, SUCCESSOR BY

MERGER TO LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR

RESIDENTIAL ASSET MORTGAGE PRODUCTS, INC., MORTGAGE ASSET-BACKED

PASS-THROUGH CERTIFICATES, SERIES 2007-SP1,

Plaintiff/Counterclaim Defendant-Appellee, v.

BILLY JOE ST. CLAIR, Defendant/Crossclaim Defendant-Appellee,

and LAUNANI VALLEY COMMUNITY ASSOCIATION;

ASSOCIATION OF APARTMENT OWNERS OF THE RIDGE AT LAUNANI VALLEY,

Defendants-Appellees, and

LAUNANI ASSETS, LLC, a Hawaii limited liability company,

Defendant/Counterclaim Crossclaim Plaintiff-Appellant, 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-Appellees

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT

(CIVIL NO. 1CC161000911)

ORDER DISMISSING APPEAL

(By: Ginoza, Chief Judge, Wadsworth and Guidry, JJ.)

Upon review of the record, it appears that:

(1) The statement of jurisdiction and opening brief

were due on or before March 13, 2023, and April 12, 2023,

respectively;

(2) Defendant/Counterclaim and Crossclaim PlaintiffAppellant Launani Assets, LLC (Launani Assets) did not file

either document or request an extension of time;

(3) On April 13, 2023, the appellate clerk notified

Launani Assets that the time for filing the statement of

jurisdiction and opening brief had expired, the matter would be

Electronically Filed

Intermediate Court of Appeals

CAAP-23-0000084

19-JUN-2023

07:52 AM

Dkt. 17 ODSD
NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

called to the court's attention on April 24, 2023, for

appropriate action, which could include dismissal of the appeal,

under Hawai i Rules of Appellate Procedure (HRAP) Rules 12.1(e)

and 30, and Launani Assets could request relief from default by

motion;1

(4) On May 16, 2023, twenty-two days after the

April 24, 2023 deadline set forth in the default notice, Launani

Assets filed a Stipulation for Dismissal of Appeal2 signed by

counsel for Launani Assets and counsel for Plaintiff/Counterclaim

Defendant-Appellee U.S. Bank National Association only, stating

that they agree to dismiss the appeal with prejudice, and each

party shall bear its own attorneys' fees and costs associated

with the appeal; and 

 (5) Launani Assets fails to demonstrate that it served

the stipulation on all parties, and it is not apparent whether

the parties who did not sign the stipulation are nominal

appellees. Nonetheless, dismissal of the appeal is authorized by

HRAP Rules 12.1(e) and 30.

Therefore, IT IS HEREBY ORDERED that the appeal is

dismissed.

IT IS FURTHER ORDERED that the Stipulation for

Dismissal of Appeal is dismissed. 

DATED: Honolulu, Hawai i, June 19, 2023.

/s/ Lisa M. Ginoza

Chief Judge

/s/ Clyde J. Wadsworth

Associate Judge

/s/ Kimberly T. Guidry

Associate Judge

1 Launani Assets has not requested such relief from default.

2 Counsel for Launani Assets is cautioned that the flyleaf of each

separately filed document shall include a three-inch top margin, or a threeinch-by-three-inch space in the top right corner of the flyleaf. HRAP Rule

32(a).

2