Hawaiian Ranchos Road Maintenance Corporation v. Lopez ( 2024 )

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 07-MAY-2024 08:12 AM Dkt. 40 ODSD NO. CAAP-XX-XXXXXXX IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI I HAWAIIAN RANCHOS ROAD MAINTENANCE CORPORATION, a Hawaii corporation, Plaintiff-Appellee, v. MANUEL LOPEZ; MARIA LOPEZ; STEPHANA PROKSCHL, formerly known as STEPHANIE HADLEY, Defendants-Appellees, and WILLIAM GILROY, Defendant-Appellant, and COUNTY OF HAWAII, DEPARTMENT OF FINANCE, Defendant-Appellee, and JOHN DOES 1-10; JANE DOES 1-10; DOE ENTITIES 1-10; and DOE GOVERNMENTAL UNITS 1-10, Defendants APPEAL FROM THE CIRCUIT COURT OF THE THIRD CIRCUIT (CIVIL NO. 3CCV-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 March 14, 2024, and April 15, 2024, respectively; (2) Self-represented Defendant-Appellant William Gilroy (Gilroy) failed to file either document, or request an extension of time; (3) On April 22, 2024, the appellate clerk entered a default notice informing Gilroy 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 May 2, 2024, for appropriate action, which could include dismissal of the appeal, under Hawai i Rules of Appellate Procedure Rules 12.1(e) and 30, and Gilroy could request relief from default by motion; and NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER (4) Gilroy has not taken any further action in this appeal. Therefore, IT IS HEREBY ORDERED that the appeal is dismissed. IT IS FURTHER ORDERED that all pending motions are dismissed. DATED: Honolulu, Hawai i, May 7, 2024. /s/ Katherine G. Leonard Acting Chief Judge /s/ Keith K. Hiraoka Associate Judge /s/ Kimberly T. Guidry Associate Judge 2