U.S. Bank Trust v. Barbier - Appeal Dismissal Order
Summary
The Hawaii Intermediate Court of Appeals approved a stipulation dismissing appeal No. CAAP-23-0000518 with prejudice. Plaintiff-Appellee U.S. Bank Trust, N.A. and Defendant-Appellant John James Barbier stipulated to dismissal, bearing their own attorneys' fees and costs on appeal. The Department of Taxation-State of Hawaii also appeared as a defendant-appellee.
“IT IS HEREBY ORDERED that the Stipulation is approved and the appeal is dismissed with prejudice.”
What changed
The court approved the parties' stipulation for dismissal of appeal CAAP-23-0000518 with prejudice, meaning the case cannot be refiled on the same grounds. Each party bears their own attorneys' fees and costs on appeal. The Department of Taxation-State of Hawaii appeared as a defendant-appellee but was not the moving party.
For compliance readers, this order represents a procedural closure of litigation rather than a substantive ruling on the merits. It does not establish precedent, impose ongoing obligations, or create reporting requirements for similarly situated parties.
Archived snapshot
Apr 21, 2026GovPing captured this document from the original source. If the source has since changed or been removed, this is the text as it existed at that time.
NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER Electronically Filed Intermediate Court of Appeals CAAP-23-0000518 20-APR-2026 10:19 AM Dkt. 53 OAWST
NO. CAAP-23-0000518 IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI I U.S. BANK TRUST, N.A., AS TRUSTEE FOR LSF9 MASTER PARTICIPATION TRUST, Plaintiff-Appellee, v. JOHN JAMES BARBIER, Defendant-Appellant, and DEPARTMENT OF TAXATION-STATE OF HAWAI I, Defendant-Appellee, andJOHN DOES 1-20; JANE DOES 1-20; DOE CORPORATIONS 1-20; DOE ENTITIES 1-20; AND DOE GOVERNMENTAL UNITS 1-20, Defendants. APPEAL FROM THE CIRCUIT COURT OF THE SECOND CIRCUIT (CASE NO. 2CC181000040) ORDER APPROVING TO DISMISS APPEAL STIPULATION (By: Leonard, Presiding Judge, Hiraoka and Guidry, JJ.) Upon consideration the Stipulation for Dismissal of with Prejudice, filed March 27, 2026, by Plaintiff-Appellee U.S. Bank Trust, the papers in support, and the record, it appears i of that (1) the appeal has been docketed; (2) under Hawai Rules Procedure Rule 42(b), the parties stipulate to dismiss Appellate appeal prejudice bear their own attorneys' fees and thewithand
NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER
costs on appeal; and (3) the Stipulation is signed by counsel for all appearing parties. Therefore, IT IS HEREBY ORDERED that the Stipulation is approved and the appeal is dismissed with prejudice. The parties shall bear their own attorneys' fees and costs on appeal. DATED: Honolulu, Hawai i, April 20, 2026. /s/ Katherine G. Leonard Presiding Judge /s/ Keith K. Hiraoka Associate Judge /s/ Kimberly T. Guidry Associate Judge
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Source document text, dates, docket IDs, and authority are extracted directly from Hawaii ICA.
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