Bank of America v. Braxton

Hawaii Intermediate Court of Appeals

Bank of America v. Braxton

CourtHawaii Intermediate Court of Appeals

DecidedMay 19, 2023

DocketCAAP-22-0000697

StatusPublished

This text of Bank of America v. Braxton (Bank of America v. Braxton) is published on Counsel Stack Legal Research, covering Hawaii Intermediate Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bank of America v. Braxton, (hawapp 2023).

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Opinion

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 19-MAY-2023 08:44 AM Dkt. 11 ODSD NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI I

BANK OF AMERICA, Plaintiff-Appellee, v. DAVID K. BRAXTON, Defendant-Appellant

APPEAL FROM THE DISTRICT COURT OF THE SECOND CIRCUIT WAILUKU DIVISION (CASE NO. 2DRC-XX-XXXXXXX)

ORDER DISMISSING APPEAL (By: Ginoza, Chief Judge, Nakasone and Chan, JJ.) Upon review of the record, it appears that: (1) On November 16, 2022, self-represented Defendant- Appellant David K. Braxton (Braxton) filed a Notice of Appeal and a request for the district court to waive the filing fee; (2) On November 18, 2022, the district court denied the request for a fee waiver; (3) The record on appeal was due on or before January 17, 2023, but was not filed because Braxton failed to pay the filing fee or obtain a fee waiver. Hawai i Rules of Appellate Procedure (HRAP) Rules 3(a), 11(b)(2), 24; (4) On January 18, 2023, the appellate clerk entered a default of the record on appeal, informing Braxton that the time to docket the appeal had expired, Braxton had not paid the filing fee or obtained an order allowing Braxton to proceed on appeal in forma pauperis, the matter would be brought to the court's attention on January 30, 2023, for action that may include dismissal of the appeal, and Braxton could seek relief from default by motion; NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

(5) Braxton took no further action in this appeal; and (6) An appeal may be dismissed where the record on appeal has not been prepared because the appellant failed to pay the required fees or obtain an order allowing the appellant to proceed in forma pauperis. HRAP Rule 11(b)(2), (c)(2). Therefore, IT IS HEREBY ORDERED that the appeal is dismissed. DATED: Honolulu, Hawai i, May 19, 2023.

/s/ Lisa M. Ginoza Chief Judge

/s/ Karen T. Nakasone Associate Judge

/s/ Derrick H.M. Chan Associate Judge

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

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 19-MAY-2023 08:44 AM Dkt. 11 ODSD NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI I

BANK OF AMERICA, Plaintiff-Appellee, v. DAVID K. BRAXTON, Defendant-Appellant

APPEAL FROM THE DISTRICT COURT OF THE SECOND CIRCUIT WAILUKU DIVISION (CASE NO. 2DRC-XX-XXXXXXX)

ORDER DISMISSING APPEAL (By: Ginoza, Chief Judge, Nakasone and Chan, JJ.) Upon review of the record, it appears that: (1) On November 16, 2022, self-represented Defendant- Appellant David K. Braxton (Braxton) filed a Notice of Appeal and a request for the district court to waive the filing fee; (2) On November 18, 2022, the district court denied the request for a fee waiver; (3) The record on appeal was due on or before January 17, 2023, but was not filed because Braxton failed to pay the filing fee or obtain a fee waiver. Hawai i Rules of Appellate Procedure (HRAP) Rules 3(a), 11(b)(2), 24; (4) On January 18, 2023, the appellate clerk entered a default of the record on appeal, informing Braxton that the time to docket the appeal had expired, Braxton had not paid the filing fee or obtained an order allowing Braxton to proceed on appeal in forma pauperis, the matter would be brought to the court's attention on January 30, 2023, for action that may include dismissal of the appeal, and Braxton could seek relief from default by motion; NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

(5) Braxton took no further action in this appeal; and (6) An appeal may be dismissed where the record on appeal has not been prepared because the appellant failed to pay the required fees or obtain an order allowing the appellant to proceed in forma pauperis. HRAP Rule 11(b)(2), (c)(2). Therefore, IT IS HEREBY ORDERED that the appeal is dismissed. DATED: Honolulu, Hawai i, May 19, 2023.

/s/ Lisa M. Ginoza Chief Judge

/s/ Karen T. Nakasone Associate Judge

/s/ Derrick H.M. Chan Associate Judge

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Bluebook (online)

Bank of America v. Braxton, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bank-of-america-v-braxton-hawapp-2023.