Opinion
NO. CAAP-16-0000082
06-15-2016
NATIONSTAR MORTGAGE, LLC, Plaintiff-Appellee, v. ROGELIO P. MAGBUAL, ZENAIDA D. MAGBUAL, Defendants-Appellants, and KEHALANI COMMUNITY ASSOCIATION, FIA CARD SERVICES, N.A., Defendants-Appellees, and JOHN DOES 1-10, JANE DOES 1-10, DOE PARTNERSHIPS 1-10, DOE CORPORATIONS 1-10, DOE ENTITIES 1-10, and DOE GOVERNMENTAL UNITS 1-10, Defendants
NOT FOR PUBLICATION IN WEST'S HAWAI'I REPORTS AND PACIFIC REPORTER APPEAL FROM THE CIRCUIT COURT OF THE SECOND CIRCUIT
(CIVIL NO. 12-1-0805(1)) ORDER DISMISSING THE APPEAL PURSUANT TO HRAP RULE 30
(By: Foley, Presiding Judge, Leonard and Ginoza, JJ.)
Upon review of the record, it appears that:
(1) On February 12, 2016, Defendants-Appellants Rogelio P. Magbual and Zenaida D. Magbual (Appellants), pro se, filed a notice of appeal;
(2) On April 8, 2016, the circuit court clerk filed the record on appeal, and the appellate clerk notified the parties that the statement of jurisdiction and opening brief were due on or before April 18, 2016, and May 18, 2016, respectively;
(3) Appellants did not file either document, or request an extension of time;
(4) On June 2, 2016, the appellate clerk notified Appellants that the time for filing the statement of jurisdiction and opening brief expired and, pursuant to Hawai'i Rules of Appellate Procedure Rule 30, the matter would be called to the court's attention on June 13, 2016, for appropriate action, which could include dismissal; and
(5) Thereafter, Appellants did not file the statement of jurisdiction or opening brief, or otherwise respond to the default notice.
Therefore, IT IS HEREBY ORDERED that the appeal is dismissed.
DATED: Honolulu, Hawai'i, June 15, 2016.
/s/
Presiding Judge
/s/
Associate Judge
/s/
Associate Judge