US Bank Trust National Association v. Baham

Opinion

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 06-MAR-2024 10:13 AM Dkt. 62 ODSD

NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI I

US BANK TRUST NATIONAL ASSOCIATION, AS TRUSTEE OF DWELLING SERIES IV TRUST, Plaintiff/Counterclaim Defendant-Appellee, v.

RANDOLPH BAHAM,

Defendant/Crossclaim Defendant-Appellant, and ASSOCIATION OF APARTMENT OWNERS OF OPUA HALE PATIO HOMES, Defendant/Counterclaimant/Crossclaimant-Appellee, and TOYOKO BAHAM; JONAH KOGEN; AMERICAN SAVINGS BANK, F.S.B.;

MILILANI TOWN ASSOCIATION;

STATE OF HAWAII, DEPARTMENT OF TAXATION, Defendants/Crossclaim Defendants-Appellees, and JOHN AND MARY DOES 1-20; DOE PARTNERSHIPS, CORPORATIONS, OR OTHER ENTITIES 1-20,

Defendants

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CIVIL NO. 1CC181000323)

ORDER DISMISSING APPEAL

(By: Leonard, Acting Chief Judge, Nakasone and McCullen, JJ.)

Upon review of the record, it appears that: (1) The opening brief was due on or before December 29, 2023;

(2) Self-represented Defendant/Crossclaim Defendant-

Appellant Randolph Baham (Baham) failed to file the opening brief;

(3) On January 5, 2024, the appellate clerk entered a default notice informing Baham that the time for filing the opening brief had expired, the matter would be called to the court's attention on January 16, 2024, for appropriate action, which could include dismissal of the appeal, under Hawai i Rules

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

of Appellate Procedure Rule 30, and Baham could request relief from default by motion; and (4) Since the default notice, Baham has not taken any further action in this appeal.

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

DATED: Honolulu, Hawai i, March 6, 2024.

/s/ Katherine G. Leonard Acting Chief Judge

/s/ Karen T. Nakasone Associate Judge

/s/ Sonja M.P. McCullen Associate Judge