Scarpetta v. Lee

• Court: Hawaii Intermediate Court of Appeals
• Decided: June 21, 2023
• Docket: CAAP-22-0000727
• Status: Published

Opinion

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 21-JUN-2023 08:24 AM Dkt. 19 OGMD NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI I

ALEJANDRO SCARPETTA, Plaintiff-Appellee, v. DEANNA LEE, Defendant-Appellant

APPEAL FROM THE FAMILY COURT OF THE THIRD CIRCUIT SOUTH KOHALA DIVISION (CASE NO. 3DV15100237K)

ORDER FOR SANCTIONS AND ORDER GRANTING MOTION TO DISMISS (By: Ginoza, Chief Judge, Wadsworth and Guidry, JJ.) Upon consideration of Plaintiff-Appellee Alejandro

Scarpetta's (Scarpetta) April 18, 2023 Motion to Dismiss Appeal,

the papers in support, the record, and there being no opposition,

it appears that:

(1) On March 10, 2023, the court ordered Defendant-

Appellant Deanna Lee (Lee) to file, within five days, a civil

appeal docketing statement (CADS), or a motion for an extension

of time demonstrating good cause why she is unable to do so, and

issued an order to show cause (OSC) to her counsel, Jamae K.K.

Kawauchi (Kawauchi), to show cause, within ten days, why a CADS

has not been filed;

(2) Lee did not file the CADS, or request an extension

of time, even though the court cautioned Lee that failure to file

the CADS may result in sanctions, including dismissal of the NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

appeal under Hawai i Rules of Appellate Procedure (HRAP) Rule

3.1(f), and Kawauchi did not file a response to the OSC, even

though the court cautioned Kawauchi that failure to timely

respond or to show good cause may result in sanctions;

(3) Lee's statement of jurisdiction and opening brief

were due on or before February 16, 2023, and March 20, 2023,

respectively;

(4) Lee did not file either document or request an

extension;

(5) On March 22, 2023, the appellate clerk entered a

default notice informing Lee 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 April 3, 2023,

for appropriate action, which could include dismissal of the

appeal under HRAP Rules 12.1(e) and 30, and Lee could request

relief from default by motion;

(6) Lee took no further action in the appeal; and

(7) On April 18, 2023, Scarpetta filed a Motion to

Dismiss Appeal for failure to file the CADS, statement of

jurisdiction, and opening brief, which Lee has not opposed.

Therefore, IT IS HEREBY ORDERED that:

1. Under HRAP Rule 51, Jamae K. K. Kawauchi is

sanctioned in the amount of $50.00.

2. A check in the full amount, payable to the State

Director of Finance, along with a copy of this order, shall be

deposited with the Supreme Court Clerk's office within ten (10)

days from the date of this order.

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

3. A declaration by counsel attesting to the payment

shall be filed within ten (10) days from the date of this order.

4. The sanction shall be paid by counsel personally and

without reimbursement.

5. Failure to comply with this order may result in

additional sanctions, including referral to the Office of

Disciplinary Counsel.

IT IS FURTHER ORDERED that the Motion to Dismiss Appeal

is granted. The appeal is dismissed under HRAP Rules 3.1(f),

12.1(e), and 30, for failure to file a civil appeal docketing

statement, statement of jurisdiction and opening brief.

DATED: Honolulu, Hawai i, June 21, 2023.

/s/ Lisa M. Ginoza Chief Judge

/s/ Clyde J. Wadsworth Associate Judge

/s/ Kimberly T. Guidry Associate Judge