Phitsamay v. Smith ( 2022 )

NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 27-SEP-2022 07:52 AM Dkt. 25 ODSD NO. CAAP-XX-XXXXXXX IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI#I KETSANA N. PHITSAMAY, Petitioner-Appellee, v. BRUNA G. SMITH, Respondent-Appellant APPEAL FROM THE FAMILY COURT OF THE FIRST CIRCUIT (FC-DA NO. 21-1-2493) ORDER DISMISSING APPEAL (By: Ginoza, Chief Judge, Nakasone and Chan, JJ.) Upon review of the record, it appears that: (1) The statement of jurisdiction and opening brief were due on second extensions of time on or before July 22, 2022; (2) Self-represented Respondent-Appellant Bruna Smith (Smith) failed to file either document, or request further extensions of time; (3) On July 28, 2022, the appellate clerk entered a default notice informing Smith 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 August 8, 2022, for appropriate action, which could include dismissal of the appeal, under Hawai#i Rules of Appellate Procedure Rules 12.1(e) and 30, and Smith could request relief from default by motion; and (4) Smith has not taken any further action in this appeal. NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER Therefore, IT IS HEREBY ORDERED that the appeal is dismissed. DATED: Honolulu, Hawai#i, September 27, 2022. /s/ Lisa M. Ginoza Chief Judge /s/ Karen T. Nakasone Associate Judge /s/ Derrick H.M. Chan Associate Judge 2