Full Opinion

NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 04-NOV-2026 08:09 AM Dkt. 52 ODSD NO. CAAP-XX-XXXXXXX IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAIʻI WAIAKOA INVESTMENTS LLC, a Hawaiʻi limited liability company, Plaintiff-Appellee, v. HEIRS AND ASSIGNS OF WILLIAM H. NALUAI (except for his mother, RACHAEL E. NALUAI); HEIRS AND ASSIGNS OF HENRIETTA P. NALUAI, aka HENRIETTA NALUAI HOLLINGER DECONTE; HEIRS AND ASSIGNS OF ARTHUR V. HOLLINGER; MARJORIE HOLLINGER; HEIRS AND ASSIGNS OF PHOEBE LOUISE NALUAI, aka LOUISE P. NALUAI, aka PHOEBE LOUISE NALUAI TORRES (except for JUANITA TORRES PETTIGREW and JOHN R. TORRES, JR.); LOUISE MILILANI NALUAI HANAPI; ALAPAʻI HANAPI fka MICHAEL ALAPAʻI JACOBO; and Heirs of persons named who are deceased, or persons holding under said Heirs, and spouses, assigns, successors, personal representatives, executors, administrators, and trustees of persons named above who are deceased; STATE OF HAWAIʻI; COUNTY OF MAUI; and the following adjoining land owners or lessees: GARY O. GALIHER TRUST; REGINALD K. TANAKA and PAULA EKEKELA TANAKA, Defendants-Appellees, and ROSEMOND K. PETTIGREW, Defendant-Appellant, and JOHN DOES 1-50; JANE DOES 1-50; DOE PARTNERSHIPS 1-50; DOE CORPORATIONS 1-50; DOE ENTITIES 1-50 and DOE GOVERNMENTAL UNITS 1-50, and all other persons unknown claiming any right, title, estate, lien, or interest in the real property described and TO ALL WHOM IT MAY CONCERN, Defendants. NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER APPEAL FROM THE CIRCUIT COURT OF THE SECOND CIRCUIT (CASE NO. 2CC191000312) ORDER DISMISSING APPEAL (By: Wadsworth, Presiding Judge, McCullen and Gluck, JJ.) Upon review of the record, it appears that: (1) On May 21, 2026, self-represented Defendant- Appellant Rosemond K. Pettigrew (Pettigrew) filed a notice of appeal. (2) On August 27, 2026, the appellate clerk entered a "Default of Opening Brief," which informed Pettigrew that the time for filing the opening brief expired on August 24, 2026, the matter would be called to the court's attention on September 8, 2026 for action that may include dismissal of the appeal under Hawaiʻi Rules of Appellate Procedure Rule 30, and Pettigrew could request relief from default by motion. (3) Pettigrew failed to file the opening brief, did not request relief from default, and has not taken any further action in this appeal. Therefore, IT IS HEREBY ORDERED that the appeal is dismissed. IT IS FURTHER ORDERED that all pending motions are dismissed. DATED: Honolulu, Hawaiʻi, November 4, 2026. /s/ Clyde J. Wadsworth Presiding Judge /s/ Sonja M.P. McCullen Associate Judge /s/ Daniel M. Gluck Associate Judge 2