Gomez v. Cantor Brothers Transport Services, Inc

Hawaii Intermediate Court of Appeals

Gomez v. Cantor Brothers Transport Services, Inc

CourtHawaii Intermediate Court of Appeals

DecidedJune 22, 2023

DocketCAAP-22-0000550

StatusPublished

This text of Gomez v. Cantor Brothers Transport Services, Inc (Gomez v. Cantor Brothers Transport Services, Inc) 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.

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Gomez v. Cantor Brothers Transport Services, Inc, (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NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER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 22-JUN-2023 08:07 AM Dkt. 69 ODSD NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI I

JIM GOMEZ, Claimant-Appellant/Appellant, v. CANTOR BROTHERS TRANSPORT SERVICES, INC., Employer-Appellee/Appellee, and CRUM & FORSTER/CRUM & FORSTER INDEMNITY CO., Insurance Carrier-Appellee/Appellee, and SPECIAL COMPENSATION FUND, Appellee/Appellee

APPEAL FROM THE LABOR AND INDUSTRIAL RELATIONS APPEALS BOARD (CASE NO. AB 2018-169(WH))

ORDER DISMISSING APPEAL (By: Ginoza, Chief Judge, Wadsworth and Nakasone, JJ.) Upon review of the record, it appears that: (1) On February 24, 2023, the court extended the opening brief deadline to March 29, 2023; (2) Claimant-Appellant/Appellant Jim Gomez (Gomez) failed to file the opening brief or request another extension of time; (3) On April 3, 2023, the appellate clerk entered a default notice informing Gomez that the time for filing the opening brief had expired, the matter would be called to the court's attention on April 13, 2023, for appropriate action, which could include dismissal of the appeal, under Hawai i Rules of Appellate Procedure (HRAP) Rule 30, and Gomez could request relief from default by motion; and (4) The appellate clerk mailed the default notice to Gomez at his address on record. The United States Postal Service returned the notice as undeliverable, with a notation forward NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

time expired, return to sender. Gomez has not filed a notice of change of address, consistent with HRAP Rule 25(f), and he took no further action in this appeal. Therefore, IT IS HEREBY ORDERED that the appeal is dismissed. DATED: Honolulu, Hawai i, June 22, 2023.

/s/ Lisa M. Ginoza Chief Judge

/s/ Clyde J. Wadsworth Associate Judge

/s/ Karen T. Nakasone 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 22-JUN-2023 08:07 AM Dkt. 69 ODSD NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI I

JIM GOMEZ, Claimant-Appellant/Appellant, v. CANTOR BROTHERS TRANSPORT SERVICES, INC., Employer-Appellee/Appellee, and CRUM & FORSTER/CRUM & FORSTER INDEMNITY CO., Insurance Carrier-Appellee/Appellee, and SPECIAL COMPENSATION FUND, Appellee/Appellee

APPEAL FROM THE LABOR AND INDUSTRIAL RELATIONS APPEALS BOARD (CASE NO. AB 2018-169(WH))

ORDER DISMISSING APPEAL (By: Ginoza, Chief Judge, Wadsworth and Nakasone, JJ.) Upon review of the record, it appears that: (1) On February 24, 2023, the court extended the opening brief deadline to March 29, 2023; (2) Claimant-Appellant/Appellant Jim Gomez (Gomez) failed to file the opening brief or request another extension of time; (3) On April 3, 2023, the appellate clerk entered a default notice informing Gomez that the time for filing the opening brief had expired, the matter would be called to the court's attention on April 13, 2023, for appropriate action, which could include dismissal of the appeal, under Hawai i Rules of Appellate Procedure (HRAP) Rule 30, and Gomez could request relief from default by motion; and (4) The appellate clerk mailed the default notice to Gomez at his address on record. The United States Postal Service returned the notice as undeliverable, with a notation forward NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

time expired, return to sender. Gomez has not filed a notice of change of address, consistent with HRAP Rule 25(f), and he took no further action in this appeal. Therefore, IT IS HEREBY ORDERED that the appeal is dismissed. DATED: Honolulu, Hawai i, June 22, 2023.

/s/ Lisa M. Ginoza Chief Judge

/s/ Clyde J. Wadsworth Associate Judge

/s/ Karen T. Nakasone Associate Judge

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Gomez v. Cantor Brothers Transport Services, Inc, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gomez-v-cantor-brothers-transport-services-inc-hawapp-2023.