Hyland v. Department of Human Services

Hawaii Intermediate Court of Appeals

Hyland v. Department of Human Services

CourtHawaii Intermediate Court of Appeals

DecidedJuly 16, 2021

DocketCAAP-18-0000450

StatusPublished

This text of Hyland v. Department of Human Services (Hyland v. Department of Human Services) 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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Hyland v. Department of Human Services, (hawapp 2021).

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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NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER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 16-JUL-2021 09:07 AM Dkt. 41 ODSD NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI#I

LANRIC HYLAND, Appellant-Appellant, v. DEPARTMENT OF HUMAN SERVICES, STATE OF HAWAI#I, Appellee-Appellee

APPEAL FROM THE CIRCUIT COURT OF THE THIRD CIRCUIT (CIVIL NO. 3CC17-1-00101K)

ORDER DISMISSING APPEAL (By: Ginoza, Chief Judge, Fujise and Leonard, JJ.) Upon review of the record, it appears that: (1) On October 3, 2018, Appellee-Appellee Department of Human Services (DHS) filed a suggestion of death upon the record, under Hawai#i Rules of Appellate Procedure (HRAP) Rule 43(a), for self-represented Appellant-Appellant Lanric Hyland (Hyland); (2) On June 2, 2021, the court ordered that within thirty days from the order, DHS shall confirm whether a special administrator or personal representative has been appointed for Hyland's estate and, if so, DHS shall take further action specified in the order; and (3) On June 24, 2021, DHS's counsel filed a declaration stating there is no record of a personal representative, special administrator, or other person with designated authority over Hyland's public assistance benefits; DHS's counsel and Hawai#i State Judiciary staff reviewed court records and determined there is no probate case or other action appointing a personal representative or special administrator for Hyland's estate; through Hyland's former counsel, DHS's counsel located an NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

individual who helped with some estate matters after Hyland's death but she was not his personal representative or special administrator of the estate, there was no documentation appointing her as the personal representative or special administrator, she did not intend to file an action to be named personal representative or special administrator, and she did not wish to pursue this appeal. Therefore, IT IS HEREBY ORDERED that the appeal is dismissed, under HRAP Rule 43(a), based upon Hyland's death and there being no substitute appellant in this case. DATED: Honolulu, Hawai#i, July 16, 2021.

/s/ Lisa M. Ginoza Chief Judge

/s/ Alexa D.M. Fujise Associate Judge

/s/ Katherine G. Leonard 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 16-JUL-2021 09:07 AM Dkt. 41 ODSD NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI#I

LANRIC HYLAND, Appellant-Appellant, v. DEPARTMENT OF HUMAN SERVICES, STATE OF HAWAI#I, Appellee-Appellee

APPEAL FROM THE CIRCUIT COURT OF THE THIRD CIRCUIT (CIVIL NO. 3CC17-1-00101K)

ORDER DISMISSING APPEAL (By: Ginoza, Chief Judge, Fujise and Leonard, JJ.) Upon review of the record, it appears that: (1) On October 3, 2018, Appellee-Appellee Department of Human Services (DHS) filed a suggestion of death upon the record, under Hawai#i Rules of Appellate Procedure (HRAP) Rule 43(a), for self-represented Appellant-Appellant Lanric Hyland (Hyland); (2) On June 2, 2021, the court ordered that within thirty days from the order, DHS shall confirm whether a special administrator or personal representative has been appointed for Hyland's estate and, if so, DHS shall take further action specified in the order; and (3) On June 24, 2021, DHS's counsel filed a declaration stating there is no record of a personal representative, special administrator, or other person with designated authority over Hyland's public assistance benefits; DHS's counsel and Hawai#i State Judiciary staff reviewed court records and determined there is no probate case or other action appointing a personal representative or special administrator for Hyland's estate; through Hyland's former counsel, DHS's counsel located an NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

individual who helped with some estate matters after Hyland's death but she was not his personal representative or special administrator of the estate, there was no documentation appointing her as the personal representative or special administrator, she did not intend to file an action to be named personal representative or special administrator, and she did not wish to pursue this appeal. Therefore, IT IS HEREBY ORDERED that the appeal is dismissed, under HRAP Rule 43(a), based upon Hyland's death and there being no substitute appellant in this case. DATED: Honolulu, Hawai#i, July 16, 2021.

/s/ Lisa M. Ginoza Chief Judge

/s/ Alexa D.M. Fujise Associate Judge

/s/ Katherine G. Leonard Associate Judge

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Hyland v. Department of Human Services, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hyland-v-department-of-human-services-hawapp-2021.