Full Opinion

NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 02-OCT-2026 07:57 AM Dkt. 43 ODSD NO. CAAP-XX-XXXXXXX IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAIʻI JAMES YEE MARN, JR., as a limited partner of McCully Associates, a Hawaiʻi registered limited partnership, for and on behalf of McCully Associates and its limited partners, Plaintiff/Counterclaim Defendant-Appellee, v. MCCULLY ASSOCIATES, A Hawaiʻi registered limited partnership; ALA WAI INVESTMENT, INC., a Hawaiʻi corporation, as general partner of MCCULLY ASSOCIATES, Defendant/Counterclaimant-Appellee, and ALEXANDER Y. MARN, individually and as officer and agent for ALA WAI INVESTMENT, INC., Defendant/Counterclaimant-Appellant, and ERIC Y. MARN, individually and as officer and agent for ALA WAI INVESTMENT, INC., Defendant/Counterclaimant-Appellee, and JOHN DOES 1-10; JANE DOES 1-10; DOE PARTNERSHIPS 1-10; DOE CORPORATIONS 1-10; and DOE ENTITIES 1-10, Defendants. APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CASE NO. 1CC980005371) NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER ORDER DISMISSING APPEAL (By: Leonard, Presiding Judge, Guidry and Gluck, JJ.) Upon review of the record, it appears that: (1) The opening brief was due on or before July 7, 2026; (2) Self-represented Defendant/Counterclaimant- Appellant Alexander Y. Marn (Alexander Marn) failed to file the opening brief or request a further extension of time; (3) On July 13, 2026, the appellate clerk entered a default notice informing Alexander Marn that the time for filing the opening brief had expired, the matter would be called to the court's attention on July 23, 2026, for appropriate action, which could include dismissal of the appeal, under Hawaiʻi Rules of Appellate Procedure (HRAP) Rule 30, and Alexander Marn could request relief from default by motion; (4) The appellate clerk electronically served the notice of entering case on calendar and the default notice upon Alexander Marn; and (5) Alexander Marn has not taken further action in this appeal. Therefore, IT IS HEREBY ORDERED that the appeal is dismissed. DATED: Honolulu, Hawaiʻi, October 2, 2026. /s/ Katherine G. Leonard Presiding Judge /s/ Kimberly T. Guidry Associate Judge /s/ Daniel M. Gluck Associate Judge 2