Phitsamay v. Smith

• Decision Date: 27 September 2022
• Docket Number: CAAP-21-0000713
• Parties: KETSANA N. PHITSAMAY, Petitioner-Appellee, v. BRUNA G. SMITH, Respondent-Appellant
• Court: Hawaii Court of Appeals

KETSANA N. PHITSAMAY, Petitioner-Appellee, v. BRUNA G. SMITH, Respondent-Appellant

No. CAAP-21-0000713

Intermediate Court of Appeals of Hawaii

September 27, 2022

NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS AND PACIFIC REPORTER

APPEAL FROM THE FAMILY COURT OF THE FIRST CIRCUIT (FC-DA NO. 21-1-2493).

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 second extensions of time on or before July 22, 2022;

(2) Self-represented Respondent-Appellant Bruna Smith (Smith) failed to file either document, or request further extensions of time;

(3) On July 28, 2022, the appellate clerk entered a default notice informing Smith 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 August 8, 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 Smith could request relief from default by motion; and

(4) Smith has not taken any further action in this appeal.

Therefore, IT IS HEREBY ORDERED that the appeal is dismissed.