U.S. Bank National Association v. Sila — Dismissed the appeal with prejudice by stipulation

Case
U.S. Bank National Association, as Trustee Under the Trust Agreement for the Structured Asset Investment Loan Trust, Mortgage Pass-Through Certificates Series 2005-11 v. Bernadine Sila aka Bernadine-Lynn: Sila and Bernadine-Lynn: Sila, Trustee in for Sila Family Trust
Court
Hawaii Intermediate Court of Appeals
Judge
Karen T. Nakasone (David Y. Ige, 2020); Clyde J. Wadsworth (David Y. Ige, 2019); Sonja M.P. McCullen (David Ige, 2021)
Date Decided
September 29, 2026
Docket No.
CAAP-25-0000422
Topics
Appellate Procedure; Voluntary Dismissal; Stipulation
Source
Read the full opinion

Background

Defendant-Appellant Bernadine Sila appealed from proceedings in the Circuit Court of the Second Circuit, Case No. 2CC161000098. The supplied order does not describe the underlying claims or rulings.

After the appeal was docketed, Sila, acting without counsel, filed a stipulation to dismiss the appeal with prejudice. The stipulation provided that the parties would bear their own appellate costs and was signed by all appearing parties or their counsel.

The Court’s Holding

The Intermediate Court of Appeals approved the stipulation under Hawaiʻi Rules of Appellate Procedure Rule 42(b) and dismissed the appeal with prejudice. Each party was ordered to bear its own costs on appeal.

The court also dismissed all pending motions. Because the appeal ended by stipulation, the order did not address the merits of the underlying case.

Key Takeaways

  • The appeal was dismissed with prejudice pursuant to the parties’ stipulation.
  • All appearing parties or their counsel had signed the stipulation.
  • The parties must bear their own appellate costs, and all pending motions were dismissed.

Why It Matters

The order conclusively ends this appeal without an appellate ruling on the underlying dispute. Its effect is limited to approving the agreed dismissal, allocating appellate costs as stipulated, and terminating the pending motions.

✉️ Get tomorrow’s cases before your first coffee
Daily Case Law is our free morning digest — the most substantive new decisions, filtered to your jurisdictions and topics, each linking back here for the full analysis.

Leave a Comment

Your email address will not be published. Required fields are marked *

Scroll to Top