Moore v. Estabrook

• Court: Hawaii Intermediate Court of Appeals
• Decided: November 13, 2023
• Docket: CAAP-23-0000118
• Status: Published

Opinion

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 13-NOV-2023 07:59 AM Dkt. 17 ODSD NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI I

THOMAS MOORE; KATHRYN "JO" MOORE, Plaintiffs-Appellees, v. ROBERT ESTABROOK, Defendant-Appellant, and MELISSA RAVELO, Defendant-Appellee, and JOHN DOES 1-10; JANE DOES 1-10, Defendants

APPEAL FROM THE DISTRICT COURT OF THE THIRD CIRCUIT PUNA DIVISION (CASE NO. 3DRC-XX-XXXXXXX)

ORDER DISMISSING APPEAL (By: Wadsworth, Presiding Judge, Nakasone and Guidry, JJ.) Upon review of the record, it appears that:

(1) The statement of jurisdiction and opening brief

were due on or before May 8, 2023, and June 6, 2023,

respectively;

(2) Self-represented Defendant-Appellant Robert

Estabrook (Estabrook) failed to file either document, or request

an extension of time;

(3) On October 16, 2023, the appellate clerk entered a

default notice informing Estabrook 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 26,

2023, for appropriate action, which could include dismissal of NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

the appeal under Hawai i Rules of Appellate Procedure

Rules 12.1(e) and 30, and Estabrook could request relief from

default by motion; and

(4) Estabrook has not taken any further action in this

appeal.

Therefore, IT IS HEREBY ORDERED that the appeal is

dismissed.

DATED: Honolulu, Hawai i, November 13, 2023.

/s/ Clyde J. Wadsworth Presiding Judge

/s/ Karen T. Nakasone Associate Judge

/s/ Kimberly T. Guidry Associate Judge