Lacy v. Dowd

• Decision Date: 27 September 2022
• Docket Number: CAAP-22-0000288
• Parties: PHILLIP LACY; CECILIA VESSEL, Plaintiffs-Appellees, v. JACOB A. DOWD; MELANIE Y. DOWD, Defendants-Appellants
• Court: Hawaii Court of Appeals

PHILLIP LACY; CECILIA VESSEL, Plaintiffs-Appellees, v. JACOB A. DOWD; MELANIE Y. DOWD, Defendants-Appellants

No. CAAP-22-0000288

Intermediate Court of Appeals of Hawaii

September 27, 2022

NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS AND PACIFIC REPORTER

APPEAL FROM THE DISTRICT COURT OF THE SECOND CIRCUIT WAILUKU DIVISON (CASE NO. 2DRC-22-0000333).

Lisa M. Ginoza, Chief Judge, Karen T. Nakasone, Associate Judge, Derrick H.M. Chan, Associate Judge.

ORDER DISMISSING APPEAL

Upon review of the record, it appears that:

(1) The statement of jurisdiction and opening brief were due on or before May 23, 2022, and June 20, 2022, respectively;

(2) Defendants-Appellants Jacob A. Dowd and Melanie Y. Dowd (collectively, the Dowds) failed to file either document, or request an extension of time;

(3) On June 22, 2022, the appellate clerk entered a default notice informing the Dowds 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 July 5, 2022, for appropriate action, which could include dismissal of the appeal, under Hawai'i Rules of Appellate Procedure Rules 12.1(e) and 30, and the Dowds could request relief from default by motion; and

(4) The Dowds have not taken any further action in this appeal. Therefore, IT IS HEREBY ORDERED that the appeal is dismissed.