Opinion
CAAP-22-0000564
11-01-2024
STATE OF HAWAI'I, Plaintiff-Appellee, v. NICHOLAS L. ABEL, Defendant-Appellant
NOT FOR PUBLICATION IN WEST'S HAWAI'I REPORTS AND PACIFIC REPORTER
APPEAL FROM THE CIRCUIT COURT OF THE FIFTH CIRCUIT (CASE NO. 5CPC-19-0000245)
Leonard, Acting Chief Judge, Hiraoka and McCullen, JJ.
ORDER DISMISSING APPEAL
Upon review of the record, it appears that:
(1) On September 26, 2022, Defendant-Appellant Nicholas L. Abel (Abel) filed the notice of appeal, self-represented;
(2) The statement of jurisdiction and opening brief were due on or before January 17, 2023, and February 16, 2023, respectively;
(3) Abel failed to file either document, or request an extension of time;
(4) On February 21, 2023, the appellate clerk entered a default notice informing Abel that the time for filing the statement of jurisdiction and opening brief had expired, the matter would be called to the court's attention on March 3, 2023, for appropriate action, which could include dismissal of the appeal, under Hawai'i Rules of Appellate Procedure Rules 12.1(e) and 30, and Abel could request relief from default by motion;
(5) Abel has not taken any further action in this appeal.
Therefore, IT IS HEREBY ORDERED that the appeal is dismissed.