Cruz v. Hyatt Corp.

• Court: Hawaii Intermediate Court of Appeals
• Decided: November 16, 2023
• Docket: CAAP-22-0000659
• Status: Published

Opinion

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 16-NOV-2023 08:38 AM Dkt. 29 ODSD

NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI I

ELENA DELA CRUZ, Claimant-Appellant-Appellant, v. HYATT CORP., dba KA ANAPALI ALI I, Employer-Appellee-Appellee, and GALLAGHER BASSETT SERVICES, INC., Insurance Carrier-Appellee-Appellee

APPEAL FROM THE LABOR AND INDUSTRIAL RELATIONS APPEALS BOARD (CASE NO. AB 2022-102; DCD NO. 7-22-00207)

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

(1) The statement of jurisdiction and opening brief

were due on or before September 7, 2023, and October 9, 2023,

respectively;

(2) Self-represented Claimant-Appellant-Appellant Elena

Dela Cruz (Dela Cruz) failed to file either document, or request

an extension of time;

(3) On October 17, 2023, the appellate clerk entered a

notice of default, notifying Dela Cruz that the time for filing

the statement of jurisdiction and opening brief had expired, the

matter would be called to the court's attention on October 27,

2023, for appropriate action, which could include dismissal of NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

the appeal under Hawai i Rules of Appellate Procedure

Rules 12.1(e) and 30, and Dela Cruz could request relief from

default by motion; and

(4) Dela Cruz has not taken any further action in this

appeal.

Therefore, IT IS HEREBY ORDERED that the appeal is

dismissed.

DATED: Honolulu, Hawai i, November 16, 2023.

/s/ Keith K. Hiraoka Presiding Judge

/s/ Clyde J. Wadsworth Associate Judge

/s/ Kimberly T. Guidry Associate Judge