PNC Bank National Association v. Levitz

Hawaii Intermediate Court of Appeals

PNC Bank National Association v. Levitz

CourtHawaii Intermediate Court of Appeals

DecidedFebruary 28, 2025

DocketCAAP-24-0000669

StatusPublished

This text of PNC Bank National Association v. Levitz (PNC Bank National Association v. Levitz) 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.

Bluebook

PNC Bank National Association v. Levitz, (hawapp 2025).

Pincite

Opinion

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 28-FEB-2025 07:57 AM Dkt. 42 ODSD NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI I

PNC BANK NATIONAL ASSOCIATION, Plaintiff-Appellee, v. SAMUEL NOAH KEONI LEVITZ, Defendant-Appellant, and WESTGATE FAMILY PHYSICIANS; FORECLOSURE FUNDING GROUP, LLC; BANK OF AMERICA, N.A.; JANELLE WEBB, TRUSTEE OF THE SCRAPPY DU TRUST; STATE OF HAWAI I - DEPARTMENT OF TAXATION CITY AND COUNTY OF HONOLULU - DEPARTMENT OF PLANNING AND PERMITTING, Defendants-Appellees, and JOHN DOES 1-50; JANE DOES 1-50; DOE PARTNERSHIPS 1-50; DOE CORPORATIONS 1-50; DOE ENTITIES 1-50; and DOE GOVERNMENTAL UNITS 1-50, Defendants

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CIVIL NO. 1CC141000551)

ORDER DISMISSING APPEAL (By: Leonard, Acting Chief Judge, Hiraoka and Nakasone, JJ.) Upon review of the record, it appears that: (1) The statement of jurisdiction and opening brief were due on or before December 2, 2024, and January 2, 2025, respectively; (2) Self-represented Defendant-Appellant Samuel Noah Keoni Levitz (Levitz) failed to file either document, or request an extension of time; (3) On January 7, 2025, the appellate clerk entered a default notice informing Levitz 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would be called to the court's attention on January 17, 2025, for appropriate action, which could include dismissal of NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER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 Levitz could request relief from default by motion; and (4) Levitz has not taken any further action in this appeal. Therefore, IT IS HEREBY ORDERED that the appeal is dismissed. IT IS FURTHER ORDERED that all pending motions are dismissed. DATED: Honolulu, Hawai i, February 28, 2025.

/s/ Katherine G. Leonard Acting Chief Judge

/s/ Keith K. Hiraoka Associate Judge

/s/ Karen T. Nakasone Associate Judge

Free access — add to your briefcase to read the full text and ask questions with AI

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

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 28-FEB-2025 07:57 AM Dkt. 42 ODSD NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI I

PNC BANK NATIONAL ASSOCIATION, Plaintiff-Appellee, v. SAMUEL NOAH KEONI LEVITZ, Defendant-Appellant, and WESTGATE FAMILY PHYSICIANS; FORECLOSURE FUNDING GROUP, LLC; BANK OF AMERICA, N.A.; JANELLE WEBB, TRUSTEE OF THE SCRAPPY DU TRUST; STATE OF HAWAI I - DEPARTMENT OF TAXATION CITY AND COUNTY OF HONOLULU - DEPARTMENT OF PLANNING AND PERMITTING, Defendants-Appellees, and JOHN DOES 1-50; JANE DOES 1-50; DOE PARTNERSHIPS 1-50; DOE CORPORATIONS 1-50; DOE ENTITIES 1-50; and DOE GOVERNMENTAL UNITS 1-50, Defendants

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CIVIL NO. 1CC141000551)

ORDER DISMISSING APPEAL (By: Leonard, Acting Chief Judge, Hiraoka and Nakasone, JJ.) Upon review of the record, it appears that: (1) The statement of jurisdiction and opening brief were due on or before December 2, 2024, and January 2, 2025, respectively; (2) Self-represented Defendant-Appellant Samuel Noah Keoni Levitz (Levitz) failed to file either document, or request an extension of time; (3) On January 7, 2025, the appellate clerk entered a default notice informing Levitz 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 January 17, 2025, 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 Levitz could request relief from default by motion; and (4) Levitz has not taken any further action in this appeal. Therefore, IT IS HEREBY ORDERED that the appeal is dismissed. IT IS FURTHER ORDERED that all pending motions are dismissed. DATED: Honolulu, Hawai i, February 28, 2025.

/s/ Katherine G. Leonard Acting Chief Judge

/s/ Keith K. Hiraoka Associate Judge

/s/ Karen T. Nakasone Associate Judge

Cite This Page — Counsel Stack

Bluebook (online)

PNC Bank National Association v. Levitz, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pnc-bank-national-association-v-levitz-hawapp-2025.