Lacy v. Dowd ( 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NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 27-SEP-2022 07:49 AM Dkt. 30 ODSD NO. CAAP-XX-XXXXXXX IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI#I PHILLIP LACY; CECILIA VESSEL, Plaintiffs-Appellees, v. JACOB A. DOWD; MELANIE Y. DOWD, Defendants-Appellants APPEAL FROM THE DISTRICT COURT OF THE SECOND CIRCUIT WAILUKU DIVISON (CASE NO. 2DRC-XX-XXXXXXX) 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 or before May 23, 2022, and June 20, 2022, respectively; (2) Defendants-Appellants Jacob A. Dowd and Melanie Y. Dowd (collectively, the Dowds) failed to file either document, or request an extension of time; (3) On June 22, 2022, the appellate clerk entered a default notice informing the Dowds 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 July 5, 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and the Dowds could request relief from default by motion; and (4) The Dowds have not taken any further action in this NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER appeal. 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