Silva v. Martin

• Court: Hawaii Intermediate Court of Appeals
• Decided: May 30, 2023
• Docket: CAAP-23-0000038
• Status: Published

Opinion

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 30-MAY-2023 12:38 PM Dkt. 12 ODSD NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI I

BRANDON SILVA; CHEYENNE SILVA, Plaintiffs-Appellees, v. TOMMY MARTIN, Defendant-Appellant

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

ORDER DISMISSING APPEAL (By: Ginoza, Chief Judge, Wadsworth and Chan, JJ.) Upon review of the record, it appears that:

(1) The statement of jurisdiction and opening brief

were due on or before March 23, 2023, and April 24, 2023,

respectively;

(2) Self-represented Defendant-Appellant Tommy Martin

(Martin) failed to file either document, or request an extension

of time;

(3) On May 1, 2023, the appellate clerk notified Martin

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 May 11, 2023, for appropriate action, which

could include dismissal of the appeal, under Hawai i Rules of

Appellate Procedure Rules 12.1(e) and 30, and Martin could

request relief from default by motion; and NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

(4) Since the default notice, Martin has not taken any

further action in this appeal.

Therefore, IT IS HEREBY ORDERED that the appeal is

dismissed.

DATED: Honolulu, Hawai i, May 30, 2023.

/s/ Lisa M. Ginoza Chief Judge

/s/ Clyde J. Wadsworth Associate Judge

/s/ Derrick H.M. Chan Associate Judge