Wilmington Sav. Fund Soc'y v. Wallace

• Docket Number: CAAP-23-0000462
• Decision Date: 16 January 2024
• Parties: WILMINGTON SAVINGS FUND SOCIETY, FSB, D/B/A CHRISTIANA TRUST, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS TRUSTEE FOR S.C. PARK LANE II TRUST 2019-1, Plaintiff-Appellee, v. PAUL WALLACE, Defendant-Appellant, and HAWAIIAN PARADISE PARK OWNERS ASSOCIATION; PORTFOLIO RECOVERY ASSOCIATES, LLC, Defendants-Appellees; 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, Defendants
• Court: Hawaii Court of Appeals

1

WILMINGTON SAVINGS FUND SOCIETY, FSB, D/B/A CHRISTIANA TRUST, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS TRUSTEE FOR S.C. PARK LANE II TRUST 2019-1, Plaintiff-Appellee,
v.
PAUL WALLACE, Defendant-Appellant,

and HAWAIIAN PARADISE PARK OWNERS ASSOCIATION; PORTFOLIO RECOVERY ASSOCIATES, LLC, Defendants-Appellees; 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, Defendants

No. CAAP-23-0000462

Intermediate Court of Appeals of Hawaii

January 16, 2024

NOT FOR PUBLICATION IN WEST'S HAWAI'I REPORTS AND PACIFIC REPORTER

APPEAL FROM THE CIRCUIT COURT OF THE THIRD CIRCUIT (CIVIL NO. 3CC121000100)

By: Leonard, Presiding Judge, Nakasone and McCullen, JJ.

AMENDED ORDER DISMISSING APPEAL

Upon review of the record, it appears that:

(1) The statement of jurisdiction and opening brief were due on or before November 13, 2023, and December 15, 2023, respectively;

(2) Self-represented Defendant-Appellant Paul Wallace (Wallace) failed to file either document or request an extension of time;

(3) On December 19, 2023, the appellate clerk entered a default notice informing Wallace 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 December 29, 2023, for appropriate action, which could include dismissal of the appeal under Hawai'i Rules of Appellate Procedure

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Rules 12.1(e) and 30, and Wallace could request relief from default by motion; and

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

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