Opinion
CAAP-23-0000038
05-30-2023
BRANDON SILVA; CHEYENNE SILVA, Plaintiffs-Appellees, v. TOMMY MARTIN, Defendant-Appellant
NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS AND PACIFIC REPORTER
APPEAL FROM THE DISTRICT COURT OF THE THIRD CIRCUIT HAMAKUA DIVISION (CASE NO. 3DRC-22-0002046)
Lisa M. Ginoza Chief Judge, Clyde J. Wadsworth Associate Judge, Derrick H.M. Chan Associate Judge.
ORDER DISMISSING APPEAL
Upon review of the record, it appears that:
(1) The statement of jurisdiction and opening brief were due on or before March 23, 2023, and April 24, 2023, respectively;
(2) Self-represented Defendant-Appellant Tommy Martin (Martin) failed to file either document, or request an extension of time;
(3) On May 1, 2023, the appellate clerk notified Martin 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 11, 2023, for appropriate action, which could include dismissal of the appeal, under Hawaii Rules of Appellate Procedure Rules 12.1(e) and 30, and Martin could request relief from default by motion; and
(4) Since the default notice, Martin has not taken any further action in this appeal.
Therefore, IT IS HEREBY ORDERED that the appeal is dismissed.