State v. Ubillus ( 2022 )

NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 29-SEP-2022 08:22 AM Dkt. 23 ODSD NO. CAAP-XX-XXXXXXX IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI#I STATE OF HAWAI#I, Plaintiff-Appellee, v. MARTHA RIVERA UBILLUS, Defendant-Appellant APPEAL FROM THE FAMILY COURT OF THE FIRST CIRCUIT (CASE NO. 1FFC-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 July 5, 2022, and August 1, 2022, respectively; (2) Self-represented Defendant-Appellant Martha Rivera Ubillus (Ubillus) failed to file either document, or request an extension of time; (3) On August 3, 2022, the appellate clerk entered a default notice informing Ubillus 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 15, 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Hawai#i Rules of Appellate Procedure Rules 12.1(e) and 30, and Ubillus could request relief from default by motion; and NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER (4) Ubillus has not taken any further action in this appeal. Therefore, IT IS HEREBY ORDERED that the appeal is dismissed. DATED: Honolulu, Hawai#i, September 29, 2022. /s/ Lisa M. Ginoza Chief Judge /s/ Karen T. Nakasone Associate Judge /s/ Derrick H.M. Chan Associate Judge 2