Lam v. Jenkins

• Court: Hawaii Intermediate Court of Appeals
• Decided: November 10, 2021
• Docket: CAAP-19-0000604
• Status: Published

Opinion

NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 10-NOV-2021 08:27 AM Dkt. 53 ODSD NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI#I

LINDA KAM LING LAM, Trustee of the Eric Po Min Lam Revocable Living Trust, by her Managing Agent, Ericson Lam, Plaintiff-Appellee, v. DAVID JENKINS and CHARLOTTE BOYD, Defendants-Appellants

APPEAL FROM THE DISTRICT COURT OF THE FIRST CIRCUIT HONOLULU DIVISION (CASE NO. 1RC19-1-5040)

ORDER DISMISSING APPEAL (By: Ginoza, Chief Judge, Wadsworth and Nakasone, JJ.)

Upon review of the record, it appears that:

(1) On October 7, 2021, the court issued an order to show cause to self-represented Defendants-Appellants David

Jenkins (Jenkins) and Charlotte Boyd (collectively, Appellants)

to demonstrate, within ten days from the order, why the appeal

should not be dismissed for failure to participate in the appeal.

The court cautioned Appellants that failure to timely respond to

the order or to show good cause may result in sanctions,

including, without limitation, the appeal being dismissed; and NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

(2) Appellants did not respond to the October 7, 2021 order

to show cause, and took no further action in this appeal.1

Therefore, IT IS HEREBY ORDERED that the appeal is

dismissed.

IT IS FURTHER ORDERED that the court will take no

further action on the June 9, 2021 order to show cause, and all

pending motions are dismissed.

DATED: Honolulu, Hawai#i, November 10, 2021.

/s/ Lisa M. Ginoza Chief Judge /s/ Clyde J. Wadsworth Associate Judge

/s/ Karen T. Nakasone Associate Judge

1 The court takes judicial notice of bankruptcy court documents filed here by Jenkins on January 30, 2020, as well as documents filed in the United States Bankruptcy Court, District of Hawaii, in which the bankruptcy court entered an order dismissing Jenkins' Chapter 7 bankruptcy case, No. 19-01233, on October 25, 2019. See Hawaii Rules of Evidence Rule 201. It thus appears that the bankruptcy stay has been terminated. See 11 U.S.C. § 362(a)(1) (2010); Hawai#i Rules of Appellate Procedure Rules 2 & 54(c).