Opinion
CAAP-22-0000606
05-10-2023
STATE OF HAWAI'I, Plaintiff-Appellee, v. DEKLA HELGENBERGER, Defendant-Appellant.
NOT FOR PUBLICATION IN WEST'S HAWAI'I REPORTS AND PACIFIC REPORTER
APPEAL FROM THE CIRCUIT COURT OF THE SECOND CIRCUIT (CASE NO. 2CPC-20-0000514)
Ginoza, Chief Judge, Wadsworth and Chan, JJ.
ORDER GRANTING MOTION TO DISMISS APPEAL
Upon consideration of Defendant-Appellant Dekla Helgenberger's (Helgenberger) January 4, 2023 Motion to Dismiss Appeal, the papers in support, the record, and there being no opposition, it appears that (1) the appeal was docketed on November 9, 2022; (2) Helgenberger seeks to dismiss the appeal; (3) the motion includes Helgenberger's declaration showing she understands the consequences of voluntary dismissal, consistent with Hawai'i Rules of Appellate Procedure (HRAP) Rule 42(c); and (4) dismissal is authorized by HRAP Rule 42(b) and (c).
Helgenberger defaulted on the opening brief. Helgenberger's counsel, Hayden Aluli, is cautioned to timely file documents. Future violations may result in sanctions.
Therefore, IT IS HEREBY ORDERED that the motion to dismiss the appeal is granted, and the appeal is dismissed.