NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER
Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
19-MAY-2023
08:16 AM
Dkt. 24 ODSD
NO. CAAP-XX-XXXXXXX
IN THE INTERMEDIATE COURT OF APPEALS
OF THE STATE OF HAWAI I
LIGAYA NAVASCA and RAYMOND SEBASTIAN, Plaintiffs-Appellees, v.
ROBERT ROSS, Defendant-Appellant, and
PAUL HAYCRAFT; DAVID YAMADA; WALTER SERGENT; and GENE SORDILLA,
Defendants-Appellees
APPEAL FROM THE DISTRICT COURT OF THE FIRST CIRCUIT
HONOLULU DIVISION
(CIVIL NO. 1DRC-21-10106)
ORDER DISMISSING APPEAL
(By: Ginoza, Chief Judge, Nakasone and Chan, JJ.)
Upon review of the record, it appears that:
(1) The statement of jurisdiction and opening brief
were due on or before November 21, 2022, and December 19, 2022,
respectively;
(2) Self-represented Defendant-Appellant Robert Ross
(Ross) failed to file either document, or request an extension of
time;
(3) On January 20, 2023, the appellate clerk entered a
default notice informing Ross 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 January 30,
2023, for appropriate action, which could include dismissal of
the appeal, under Hawai i Rules of Appellate Procedure (HRAP)
Rules 12.1(e) and 30, and Ross could request relief from default
by motion;
NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER
(4) The appellate clerk mailed the notice of entering
case on calendar and the default notice to Ross at his addresses
on record in this appeal and they were returned as undeliverable;
(5) HRAP Rule 25(f) requires a self-represented party,
within 10 days of any change in mailing address, to file a notice
of change of address with the appellate clerk; and
(6) Ross has not filed a notice of change of address,
and Ross took no further action in this appeal.
Therefore, IT IS HEREBY ORDERED that the appeal is
dismissed.
DATED: Honolulu, Hawai i, May 19, 2023.
/s/ Lisa M. Ginoza
Chief Judge
/s/ Karen T. Nakasone
Associate Judge
/s/ Derrick H.M. Chan
Associate Judge
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