Full Opinion

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 27-OCT-2026 07:50 AM Dkt. 10 ODSD NO. CAAP-XX-XXXXXXX IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI I AKAKA FALLS FARM LLC, a Hawai i Limited Liability Company; LUNAKANAWAI HAUANIO, individually; and MARGARET M. CONNOR, individually, Plaintiffs-Appellants, v. THE MERRIE MONARCH FESTIVAL; COUNTY OF HAWAII, Defendants-Appellees, and JOHN DOES 1-1000; JANE DOES 1-1000; DOE CORPORATIONS 1-500; DOE PARTNERSHIPS 1-500; AND DOE GOVERNMENTAL ENTITIES 1-500, Defendants. APPEAL FROM THE CIRCUIT COURT OF THE THIRD CIRCUIT (CASE NO. 3CCV-XX-XXXXXXX) ORDER DISMISSING APPEAL (By: Wadsworth, Presiding Judge, McCullen and Gluck, JJ.) Upon review of the record, it appears that: (1) The statement of jurisdiction and opening brief were due on or before August 17, 2026, and September 14, 2026, respectively; (2) Self-represented Plaintiffs-Appellants Akaka Falls Farm LLC (Akaka Falls Farm), Lunakanawai Hauanio (Hauanio) and Margaret M. Connor (Connor) failed to file either document or request an extension of time; (3) On September 21, 2026, the appellate clerk entered a default notice informing Akaka Falls Farm, Hauanio and Connor 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brief had expired, the matter would be called to the court's attention on October 1, 2026, for appropriate action, NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER which could include dismissal of the appeal, under Hawai i Rules of Appellate Procedure Rules 12.1(e) and 30, and Akaka Falls Farm, Hauanio and Connor could request relief from default by motion; and (4) Akaka Falls Farm,1 Hauanio and Connor have not taken any further action in this appeal. Therefore, IT IS HEREBY ORDERED that the appeal is dismissed. DATED: Honolulu, Hawai i, October 27, 2026. /s/ Clyde J. Wadsworth Presiding Judge /s/ Sonja M.P. McCullen Associate Judge /s/ Daniel M. Gluck Associate Judge 1 As a limited liability company, Akaka Falls Farm must be represented by legal counsel in litigation. See Hawai i Revised Statutes (HRS) § 605-2 (2016) & HRS § 605-14 (2016); Oahu Plumbing & Sheet Metal, Ltd. v. Kona Const., Inc., 60 Haw. 372, 377, 590 P.2d 570, 573-74 (1979) ("Non-attorney agents are not allowed to represent corporations in litigation . . . ."); Kailua 50 LLC v. Ichida Kemp, No. CAAP-XX-XXXXXXX, 2020 WL 429323, at *1 (Haw. App. Jan. 28, 2020) (SDO) (holding a non-attorney is not allowed to represent a limited liability company in litigation). Accordingly, Akaka Falls Farm could not proceed in this appeal unless represented by legal counsel. 2