Marn, Jr. v. McCully Associates
CourtHawaii Intermediate Court of Appeals
Date FiledOctober 2, 2026
DocketCAAP-26-0000324
StatusPublished
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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NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER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NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER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
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