Summary
This Intermediate Court of Appeals order dismisses an appeal filed by Thomas P. Flores against Safeway, Inc. and its insurance adjuster following his failure to file a required statement of jurisdiction and opening brief within the prescribed deadlines. After receiving a default notice and failing to take further action, the court granted the dismissal pursuant to the Hawaii Rules of Appellate Procedure. The underlying dispute originated from a decision by the Labor and Industrial Relations Appeals Board.
Topics
Practice areas
Questions Presented
- Whether the appeal should be dismissed for failure to file the required statement of jurisdiction and opening brief within the prescribed time.
Holdings
- The appeal is dismissed because the appellant failed to file the required statement of jurisdiction and opening brief and did not request an extension of time.
Key quotations
“IT IS HEREBY ORDERED that the appeal is dismissed.”
Factual background
The appellant filed a notice of appeal but did not submit the required jurisdiction statement or opening brief and did not seek an extension. The court entered a default notice and, after no further action by the appellant, ordered dismissal of the appeal.
Procedural history
Flores filed a notice of appeal on July 24, 2024 but failed to file the required statement of jurisdiction or opening brief, nor request an extension. The appellate clerk entered a default notice on October 18, 2024. Flores took no further action, and the court dismissed the appeal.