Kaulia-Webb v. Bordenyuk

Hawaii Intermediate Court of Appeals

Kaulia-Webb v. Bordenyuk

CourtHawaii Intermediate Court of Appeals

DecidedSeptember 3, 2021

DocketCAAP-21-0000319

StatusPublished

This text of Kaulia-Webb v. Bordenyuk (Kaulia-Webb v. Bordenyuk) 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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Kaulia-Webb v. Bordenyuk, (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NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER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 03-SEP-2021 08:51 AM Dkt. 24 ODSD NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI#I

DAYNA KAULIA-WEBB, Plaintiff-Appellee, v. OLGA BORDENYUK, Defendant-Appellant

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

ORDER DISMISSING APPEAL (By: Ginoza, Chief Judge, Wadsworth and Fujise, JJ.) Upon review of the record, it appears that: (1) On May 12, 2021, self-represented Defendant- Appellant Olga Bordenyuk (Bordenyuk) filed the notice of appeal; (2) On June 17, 2021, the district court clerk filed the record on appeal, and the appellate clerk notified the parties that the statement of jurisdiction and opening brief were due on or before June 28, 2021, and July 27, 2021, respectively; (3) Bordenyuk failed to file either document or request an extension of time; (4) On August 3, 2021, the appellate clerk entered a default notice informing Bordenyuk 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 August 13, 2021, for appropriate action, which could include dismissal of the appeal, under Hawai#i Rules of Appellate Procedure Rules 12.1(e) and 30, and Bordenyuk could request relief from default by motion; NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

(5) The same day, Plaintiff-Appellee Dayna Kaulia-Webb filed a motion to dismiss the appeal for failure to file the statement of jurisdiction and opening brief; and (6) Bordenyuk took no further action in this appeal. Therefore, IT IS HEREBY ORDERED that the appeal is dismissed. DATED: Honolulu, Hawai#i, September 3, 2021.

/s/ Lisa M. Ginoza Chief Judge

/s/ Clyde J. Wadsworth Associate Judge

/s/ Alexa D.M. Fujise 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 03-SEP-2021 08:51 AM Dkt. 24 ODSD NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI#I

DAYNA KAULIA-WEBB, Plaintiff-Appellee, v. OLGA BORDENYUK, Defendant-Appellant

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

ORDER DISMISSING APPEAL (By: Ginoza, Chief Judge, Wadsworth and Fujise, JJ.) Upon review of the record, it appears that: (1) On May 12, 2021, self-represented Defendant- Appellant Olga Bordenyuk (Bordenyuk) filed the notice of appeal; (2) On June 17, 2021, the district court clerk filed the record on appeal, and the appellate clerk notified the parties that the statement of jurisdiction and opening brief were due on or before June 28, 2021, and July 27, 2021, respectively; (3) Bordenyuk failed to file either document or request an extension of time; (4) On August 3, 2021, the appellate clerk entered a default notice informing Bordenyuk 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 August 13, 2021, for appropriate action, which could include dismissal of the appeal, under Hawai#i Rules of Appellate Procedure Rules 12.1(e) and 30, and Bordenyuk could request relief from default by motion; NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

(5) The same day, Plaintiff-Appellee Dayna Kaulia-Webb filed a motion to dismiss the appeal for failure to file the statement of jurisdiction and opening brief; and (6) Bordenyuk took no further action in this appeal. Therefore, IT IS HEREBY ORDERED that the appeal is dismissed. DATED: Honolulu, Hawai#i, September 3, 2021.

/s/ Lisa M. Ginoza Chief Judge

/s/ Clyde J. Wadsworth Associate Judge

/s/ Alexa D.M. Fujise Associate Judge

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Kaulia-Webb v. Bordenyuk, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kaulia-webb-v-bordenyuk-hawapp-2021.