State v. Stern

Opinion

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Electronically Filed

Intermediate Court of Appeals CAAP-XX-XXXXXXX

11-APR-2024

08:02 AM

Dkt. 18 ODSD

NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI I

STATE OF HAWAI I, Plaintiff-Appellee, v.

PAUL H. STERN, Defendant-Appellant

APPEAL FROM THE DISTRICT COURT OF THE THIRD CIRCUIT NORTH AND SOUTH KONA DIVISION (CASE NO. 3DCW-XX-XXXXXXX)

ORDER DISMISSING APPEAL

(By: Leonard, Acting Chief Judge, Hiraoka and Guidry, JJ.)

Upon review of the record, it appears that:

(1) The statement of jurisdiction and opening brief were due on or before January 18, 2024, and February 20, 2024, respectively;

(2) Self-represented Defendant-Appellant Paul H. Stern (Stern) failed to file either document, or request an extension of time;

(3) On March 4, 2024, the appellate clerk entered a default notice informing Stern 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 March 14, 2024, 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NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER the appeal, under Hawai i Rules of Appellate Procedure Rules 12.1(e) and 30, and Stern could request relief from default by motion; and (4) Stern has not taken any further action in this appeal.

Therefore, IT IS HEREBY ORDERED that the appeal is dismissed.

DATED: Honolulu, Hawai i, April 11, 2024.

/s/ Katherine G. Leonard

Acting Chief Judge

/s/ Keith K. Hiraoka

Associate Judge

/s/ Kimberly T. Guidry

Associate Judge