Lakeview Loan Servicing, LLC v. Grafilo
Summary of the case Lakeview Loan Servicing, LLC v. Grafilo
The Intermediate Court of Appeals of the State of Hawai'i dismissed the appeal filed by Antonio Aquino Grafilo and Nelia Cosca Grafilo. The Grafilos withdrew their notice of appeal, which the court treated as a motion to dismiss the appeal. The dismissal was granted under Hawai'i Rules of Appellate Procedure Rule 42(b).
Key Issues of the case Lakeview Loan Servicing, LLC v. Grafilo
- Dismissal of appeal
- Withdrawal of notice of appeal
Key Facts of the case Lakeview Loan Servicing, LLC v. Grafilo
- Antonio Aquino Grafilo and Nelia Cosca Grafilo withdrew their notice of appeal.
- The court treated the withdrawal as a motion to dismiss the appeal.
Decision of the case Lakeview Loan Servicing, LLC v. Grafilo
Appeal dismissed
Opinions
NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 15-JUL-2025 07:56 AM Dkt. 47 OGMD NO. CAAP-XX-XXXXXXX IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI I LAKEVIEW LOAN SERVICING, LLC, Plaintiff-Appellee, v. ANTONIO AQUINO GRAFILO, aka ANTONIO A. GRAFILO, and NELIA COSCA GRAFILO, aka NELIA C. GRAFILO, Defendants-Appellants, and ONEWEST BANK, FSB, now known as CIT BANK, NATIONAL ASSOCIATION; MILILANI TOWN ASSOCIATION, 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 CIT BANK, N.A., Plaintiff-Appellee, v. ANTONIO AQUINO GRAFILO and NELIA COSCA GRAFILO, Defendants-Appellants, and LAKEVIEW LOAN SERVICING, LLC, Defendant-Appellee, and DOES 1 through 20, Defendants APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CIVIL NOS. 1CC161002102; 1CC161002197) ORDER GRANTING MOTION TO DISMISS APPEAL (By: Nakasone, Chief Judge, Leonard and Wadsworth, JJ.) Upon consideration of Defendants-Appellants Antonio Aquino Grafilo and Nelia Cosca Grafilo's (together, the Grafilos) July 9, 2025 Withdrawal of Notice of Appeal Filed on June 20, 2024, which the court construes as a motion to dismiss the appeal, the papers in support, and the record, IT IS HEREBY NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER ORDERED that the motion is granted and the appeal is dismissed, under Hawai i Rules of Appellate Procedure Rule 42(b). DATED: Honolulu, Hawai i, July 15, 2025. /s/ Karen T. Nakasone Chief Judge /s/ Katherine G. Leonard Associate Judge /s/ Clyde J.
Wadsworth Associate Judge 2