Kohl v. Roebuck

  NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER




                                            Electronically Filed
                                            Intermediate Court of Appeals
                                            CAAP-XX-XXXXXXX
                                            22-DEC-2023
                                            08:02 AM
                                            Dkt. 29 ODSD


                         NO. CAAP-XX-XXXXXXX


                IN THE INTERMEDIATE COURT OF APPEALS

                       OF THE STATE OF HAWAI I


                  KEITH KOHL, Plaintiff-Appellee, v.
                MICHELLE ROEBUCK, Defendant-Appellant


       APPEAL FROM THE DISTRICT COURT OF THE FIRST CIRCUIT
                        HONOLULU DIVISION
                   (CIVIL NO. 1DRC-XX-XXXXXXX)


                      ORDER DISMISSING APPEAL
   (By:   Hiraoka, Presiding Judge, Wadsworth and Guidry, JJ.)
          Upon review of the record, it appears that:

          (1) The statement of jurisdiction and opening brief

were due on or before September 28, 2023, and October 30, 2023,

respectively;

          (2) Self-represented Defendant-Appellant Michelle

Roebuck (Roebuck) failed to file either document or request an

extension of time;

          (3) On November 6, 2023, the appellate clerk entered a

default notice informing Roebuck 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 November 16,

2023, for appropriate action, which could include dismissal of
  NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

the appeal under Hawai i Rules of Appellate Procedure

Rules 12.1(e) and 30, and Roebuck could request relief from

default by motion; and

             (4) Roebuck has not taken any further action in this

appeal.

             Therefore, IT IS HEREBY ORDERED that the appeal is

dismissed.

             DATED:   Honolulu, Hawai i, December 22, 2023.

                                        /s/ Keith K. Hiraoka
                                        Presiding Judge

                                        /s/ Clyde J. Wadsworth
                                        Associate Judge

                                        /s/ Kimberly T. Guidry
                                        Associate Judge




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