Opinion
CAAP-21-0000708
09-07-2023
STATE OF HAWAI'I, Plaintiff-Appellee v. JULIA COMPTON, Defendant-Appellant
NOT FOR PUBLICATION IN WEST'S HAWAI'I REPORTS AND PACIFIC REPORTER
APPEAL FROM THE DISTRICT COURT OF THE THIRD CIRCUIT NORTH AND SOUTH KONA DIVISION (CASE NO. 3DTC-21-056161)
Leonard, Presiding Judge, Nakasone and McCullen, JJ.
ORDER DISMISSING APPEAL
Upon review of the record, it appears that:
(1) On June 21, 2023, the court struck self-represented Defendant-Appellant Julia Compton's (Compton) opening briefs and ordered Compton to file a First Amended Opening Brief on or before July 21, 2023;
(2) Compton did not file a First Amended Opening Brief or request an extension of time;
(3) On July 31, 2023, the appellate clerk notified Compton that the time for filing the First Amended Opening Brief had expired, the matter would be called to the court's attention on August 10, 2023, for appropriate action, which could include dismissal of the appeal, under Hawaii Rules of Appellate Procedure Rule 30, and Compton could request relief from default by motion;
(4) Compton did not request relief from default, and on August 17, 2023, the court ordered Compton to show good cause, within ten days, why the appeal should not be dismissed for failure to file a First Amended Opening Brief. The court cautioned Compton that failure to timely respond to the order to show cause may result in sanctions including dismissal of this appeal; and
(5) Compton took no further action in this appeal.
Therefore, IT IS HEREBY ORDERED that the appeal is dismissed.