Opinion
CAAP-20-0000526
06-16-2021
RONALD G.S. AU, Plaintiff-Appellant, v. KAWIKA BURGESS, Defendant-Appellee, and JOHN DOE 1-10; JOHN DOE ENTITITES 1-10, Defendants-Appellees
NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS AND PACIFIC REPORTER
APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CIVIL NO. 1CC151001452)
Ginoza, Chief Judge, Fujise and Hiraoka, JJ.
ORDER DISMISSING APPEAL
Upon review of the record, it appears that:
(1) On March 29, 2021, Defendant-Appellee Kawika Burgess (Burgess) filed a Suggestion of Death Upon the Record for self-represented Plaintiff-Appellant Ronald G.S. Au;
(2) On May 12, 2021, the court ordered, among other things, that within thirty days from the date of the order, any party or personal representative of Ronald G.S. Au shall file a statement advising the court whether a personal representative has been appointed and, if so, whether that person wishes to substitute into this case, under Hawai'i Rules of Appellate Procedure (HRAP) Rule 43(a);
(3) On June 9, 2021, Burgess filed a notice in response to the May 12, 2021 order. Attached to the notice is a letter to Burgess's counsel from Ronald G.S. Au's personal representative, Natalie Au Nishida, indicating she does not wish to substitute into this case, and asking counsel to file a statement to that effect in this appeal.
Therefore, IT IS HEREBY ORDERED that the appeal is dismissed, under HRAP Rule 43(a), based upon decedent Ronald G.S. Au's representative's decision not to substitute into this case.
IT IS FURTHER ORDERED that the appellate clerk shall mail a copy of this order to Ronald G.S. Au at his address on record with the Hawaii State Bar Association.
IT IS FURTHER ORDERED that the appellate clerk shall mail a copy of this order to Ryan G.S. Au at his address on record with the Hawaii State Bar Association, for distribution to Natalie Nishida.