State v. Keliikoa

• Court: Hawaii Intermediate Court of Appeals
• Decided: May 30, 2023
• Docket: CAAP-22-0000686
• 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NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER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 08:04 AM Dkt. 63 ODSD NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI I

STATE OF HAWAII, Plaintiff-Appellee, v. HARVEY K. KELIIKOA, Defendant-Appellant

APPEAL FROM THE DISTRICT COURT OF THE THIRD CIRCUIT HILO DIVISION (CASE NO. 3DTC-20-021730)

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

(1) On January 18, 2023, the court extended the opening

brief deadline to March 31, 2023;

(2) Self-represented Defendant-Appellant Harvey

Keliikoa (Keliikoa) failed to file the opening brief or request a

further extension of time;

(3) On April 5, 2023, the appellate clerk entered a

default notice informing Keliikoa that the time for filing the

opening brief had expired, the matter would be called to the

court's attention on April 17, 2023, for appropriate action,

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

of Appellate Procedure Rule 30, and Keliikoa could request relief

from default by motion; NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

(4) The appellate clerk mailed the default notice to

Keliikoa at his address on record; and

(5) Keliikoa took no 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