Opinion
CAAP-22-0000686
05-30-2023
STATE OF HAWAII, Plaintiff-Appellee, v. HARVEY K. KELIIKOA, Defendant-Appellant
NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS AND PACIFIC REPORTER
APPEAL FROM THE DISTRICT COURT OF THE THIRD CIRCUIT HILO DIVISION (CASE NO. 3DTC-20-021730)
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) On January 18, 2023, the court extended the opening brief deadline to March 31, 2023;
(2) Self-represented Defendant-Appellant Harvey Keliikoa (Keliikoa) failed to file the opening brief or request a further extension of time;
(3) On April 5, 2023, the appellate clerk entered a default notice informing Keliikoa that the time for filing the opening brief had expired, the matter would be called to the court's attention on April 17, 2023, for appropriate action, which could include dismissal of the appeal, under Hawaii Rules of Appellate Procedure Rule 30, and Keliikoa could request relief from default by motion;
(4) The appellate clerk mailed the default notice to Keliikoa at his address on record; and
(5) Keliikoa took no further action in this appeal.
Therefore, IT IS HEREBY ORDERED that the appeal is dismissed.