Medeiros v. Hamilton

• Court: Hawaii Intermediate Court of Appeals
• Decided: October 18, 2021
• Docket: CAAP-21-0000361
• Status: Published

Opinion

NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 18-OCT-2021 09:15 AM Dkt. 19 ODSD NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI#I

ROBERT MEDEIROS, Plaintiff-Appellee, v. COLLEEN HAMILTON, Defendant-Appellant

APPEAL FROM THE DISTRICT COURT OF THE THIRD CIRCUIT NORTH AND SOUTH HILO DIVISION (CASE NO. 3DRC-XX-XXXXXXX)

ORDER DISMISSING APPEAL (By: Leonard, Presiding Judge, Hiraoka and Nakasone, JJ.) Upon review of the record, it appears that: (1) On June 7, 2021, self-represented Defendant- Appellant Colleen Hamilton (Hamilton) filed the notice of appeal; (2) On August 4, 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 August 16, 2021, and September 13, 2021, respectively; (3) Hamilton failed to file either document or request an extension of time; (4) On September 23, 2021, the appellate clerk entered a default notice informing Hamilton 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 4, 2021, for appropriate action, which could include dismissal of the appeal, under Hawai#i Rules of Appellate Procedure NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

Rules 12.1(e) and 30, and Hamilton could request relief from default by motion; and (5) Hamilton took no further action in the appeal. Therefore, IT IS HEREBY ORDERED that the appeal is dismissed. DATED: Honolulu, Hawai#i, October 18, 2021.

/s/ Katherine G. Leonard Presiding Judge

/s/ Keith K. Hiraoka Associate Judge

/s/ Karen T. Nakasone Associate Judge