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Taylor v. Taylor

INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI'I
Jan 12, 2017
NO. CAAP-16-0000505 (Haw. Ct. App. Jan. 12, 2017)

Opinion

NO. CAAP-16-0000505

01-12-2017

OTTO B.C. TAYLOR, JR., Plaintiff-Appellant, v. WENDY JENNIFER TAYLOR, Defendant-Appellee


NOT FOR PUBLICATION IN WEST'S HAWAI'I REPORTS AND PACIFIC REPORTER APPEAL FROM THE FAMILY COURT OF THE FIRST CIRCUIT
(FC-D NO. 13-1-6997) ORDER DISMISSING THE APPEAL PURSUANT TO HRAP RULE 30
(By: Leonard, Presiding Judge, Reifurth and Ginoza, JJ.)

Upon review of the record, it appears that:

(1) On July 7, 2016, Plaintiff-Appellant Otto B.C. Taylor, Jr. (Appellant) filed a notice of appeal through counsel, Stephen T. Hioki (Counsel);

(2) On October 27, 2016, the court granted Counsel's October 6, 2016 motion to withdraw as counsel. In the underlying motion, Counsel stated he anticipated obtaining a clerk's extension for the opening brief, so Appellant could file the opening brief, hire another attorney, or dismiss the appeal. Appellant was served with the motion and resulting order;

(3) On October 10, 2016, Counsel obtained a clerk's extension of time for the opening brief to November 14, 2016, and notified Appellant about the extension;

(4) Appellant did not file the opening brief, or request another extension of time;

(5) On December 15, 2016, the appellate clerk notified Appellant that the time for filing the opening brief had expired, pursuant to Hawai'i Rules of Appellate Procedure Rule 30, the matter would be called to the court's attention on December 27, 2016, for appropriate action, which could include dismissal, and any request for relief from default should be made by motion; and

(6) Thereafter, Appellant did not file the opening brief, or otherwise respond to the default notice.

Therefore, IT IS HEREBY ORDERED that the appeal is dismissed.

DATED: Honolulu, Hawai'i, January 12, 2017.

/s/

Presiding Judge

/s/

Associate Judge

/s/

Associate Judge


Summaries of

Taylor v. Taylor

INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI'I
Jan 12, 2017
NO. CAAP-16-0000505 (Haw. Ct. App. Jan. 12, 2017)
Case details for

Taylor v. Taylor

Case Details

Full title:OTTO B.C. TAYLOR, JR., Plaintiff-Appellant, v. WENDY JENNIFER TAYLOR…

Court:INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI'I

Date published: Jan 12, 2017

Citations

NO. CAAP-16-0000505 (Haw. Ct. App. Jan. 12, 2017)