Dragomanovich v. Boyd
CourtHawaii Intermediate Court of Appeals
Date FiledOctober 26, 2026
DocketCAAP-25-0000649
StatusPublished
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Full Opinion
NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER
Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
26-OCT-2026
07:59 AM
Dkt. 27 SO
NO. CAAP-XX-XXXXXXX
IN THE INTERMEDIATE COURT OF APPEALS
OF THE STATE OF HAWAI#I
JOHN DRAGOMANOVICH, Petitioner-Appellee, v.
HEATHER BOYD, Respondent-Appellant
APPEAL FROM THE DISTRICT COURT OF THE FIRST CIRCUIT
HONOLULU DIVISION
(CASE NO. 1DSS-XX-XXXXXXX)
SUMMARY DISPOSITION ORDER
(By: Hiraoka, Presiding Judge, McCullen and Guidry, JJ.)
John Dragomanovich filed a Petition for Ex Parte
Temporary Restraining Order and for Injunction Against Harassment
against Heather Boyd in the District Court of the First Circuit,
Honolulu Division. A trial was held. The district court granted
the petition. The Injunction Against Harassment was entered on
September 12, 2025.1 Boyd, representing herself, appeals. We
affirm.
Boyd's opening brief does not comply with Hawai#i Rules
of Appellate Procedure (HRAP) Rule 28(b). To promote access to
justice, we do not automatically foreclose her from appellate
review. Erum v. Llego, 147 Hawai#i 368, 380-81, 465 P.3d 815,
827-28 (2020). However, her brief argues error without citing to
the record, as required by HRAP Rule 28(b)(4) and (7). We are
not obligated to search the record for information that should
have been provided by the appellant. Hawaii Ventures, LLC v.
Otaka, Inc., 114 Hawai#i 438, 480, 164 P.3d 696, 738 (2007).
1
The Honorable Doris Lum-Mattos presided.
NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER
Boyd argues trial error but she failed to include the
trial transcript in the record on appeal, as required by HRAP
Rule 10(b)(1)(A). "The burden is upon appellant in an appeal to
show error by reference to matters in the record, and he or she
has the responsibility of providing an adequate transcript."
Bettencourt v. Bettencourt, 80 Hawai#i 225, 230, 909 P.2d 553,
558 (1995) (brackets omitted).
Boyd makes legal arguments without citing authority,
as required by HRAP Rule 28(b)(7). She challenges the district
court's jurisdiction based on "double jeopardy." "Double
jeopardy protects individuals against: (1) a second prosecution
for the same offense after acquittal; (2) a second prosecution
for the same offense after conviction; and (3) multiple
punishments for the same offense." State v. Kalua, 144 Hawai#i
7, 11, 434 P.3d 1202, 1206 (2019). The proceeding below was a
civil action in which double jeopardy did not apply. The
district court has jurisdiction to enjoin and temporarily
restrain harassment. HRS ยง 604-10.5 (2016 & Supp. 2024).
"The law is clear in this jurisdiction that the
appellant has the burden of furnishing the appellate court with a
sufficient record to positively show the alleged error."
Bettencourt, 80 Hawai#i at 230, 909 P.2d at 558. Boyd did not
sustain her burden.
The district court's September 12, 2025 Injunction
Against Harassment is affirmed. Boyd's June 8, 2026 motion is
denied.
DATED: Honolulu, Hawai#i, October 26, 2026.
On the briefs:
/s/ Keith K. Hiraoka
Heather Boyd, Presiding Judge
Self-represented
Respondent-Appellant. /s/ Sonja M.P. McCullen
Associate Judge
John Dragomanovich,
Self-represented /s/ Kimberly T. Guidry
Petitioner-Appellee. Associate Judge
2