BANK OF NEW YORK MELLON v. COMITO

No. CAAP-14-0001063.

364 P.3d 240 (2015)

136 Hawai'i 532

The BANK OF NEW YORK MELLON, as Trustee for the Certificateholders CWMBS, Inc., Alternative Loan Trust 2006-OA1 Mortgage Pass-Through Certificates, Series 2006-OA1, Plaintiff/Appellee/Cross-Appellant, v. Frank O. COMITO, Linda A. Comito, Defendants/Appellants/Cross-Appellees. and John Does 1-50, Jane Does 1-50, Defendants Blue Mountain Homes, LLC, Third-Party Plaintiff/Appellee/Cross-Appellee, v. The Bank of New York Mellon, as Trustee for the Certificateholders CWMBS, Inc., Alternative Loan Trust 2006-OA1 Mortgage Pass-Through Certificates, Series 2006-OA1; Frank O. Comito; Linda A. Comito, Third-Party Defendants/Appellees, and John Does 1-50, Jane Does 1-50, Doe Corporations 1-10, Doe Partnerships 1-10, Doe "Non-Profit" Corporations 1-10, Doe associations 1-10, and Doe Governmental Entities 1-10, Defendants.

Intermediate Court of Appeals of Hawai`i.

November 23, 2015.


Attorney(s) appearing for the Case

Gary Victor Dubin , Frederick J. Arensmeyer , (Dubin Law Offices), Honolulu, for Defendants/Appellants/Cross-Appellees.

Patricia J. McHenry , Kirk M. Neste , (Cades Schutte), Honolulu, on the briefs, for Plaintiff/Appellee/Cross-Appellant.

NAKAMURA, C.J., FOLEY and REIFURTH, JJ.


Defendants/Appellants/Cross-Appellees Frank O. Comito and Linda A. Comito (together, Comitos) appeal from the: (1) August 7, 2014 "Order Granting Plaintiff's Motion for Summary Judgment and Writ of Possession Filed May 13, 2014"; (2) August 7, 2014 "Writ of Ejectment"; and (3) August 7, 2014 "Judgment...

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