Awa v. Jeremiah

• Court: Hawaii Intermediate Court of Appeals
• Decided: November 14, 2023
• Docket: CAAP-23-0000348
• Status: Published

Opinion

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 14-NOV-2023 08:39 AM Dkt. 22 ODSD NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI I

RONALD AWA, Plaintiff-Appellee, v. AL JEREMIAH, aka ARTHUR JEREMIAH, Defendant-Appellant

APPEAL FROM THE DISTRICT COURT OF THE FIRST CIRCUIT HONOLULU DIVISION (CIVIL NO. 1DRC-22-3952)

ORDER DISMISSING APPEAL (By: Hiraoka, Presiding Judge, Wadsworth and Guidry, JJ.) Upon review of the record, it appears that:

(1) The opening brief was due on or before August 16,

2023;

(2) Self-represented Defendant-Appellant Al Jeremiah

aka Arthur Jeremiah (Jeremiah) failed to file the opening brief,

or request an extension of time;

(3) On August 24, 2023, the appellate clerk entered a

default notice informing Jeremiah that the time for filing the

opening brief had expired, the matter would be called to the

court's attention on September 5, 2023, for appropriate action,

which could include dismissal of the appeal under Hawai i Rules

of Appellate Procedure Rule 30, and Jeremiah could request relief

from default by motion; NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

(4) The default notice was mailed to Jeremiah at his

address of record on August 29, 2023, and no return mail was

received;1 and

(5) Jeremiah has not taken any further action in this

appeal.

Therefore, IT IS HEREBY ORDERED that the appeal is

dismissed.

DATED: Honolulu, Hawai i, November 14, 2023.

/s/ Keith K. Hiraoka Presiding Judge

/s/ Clyde J. Wadsworth Associate Judge

/s/ Kimberly T. Guidry Associate Judge

1 The default notice was originally mailed to Jeremiah on August 24, 2023, but was returned as undeliverable due to an insufficient address. The default notice was re-sent to Jeremiah at his address of record on August 29, 2023.