Summary
This Intermediate Court of Appeals order addresses a self-represented appellant's motion for relief from default after failing to file an opening brief within the allotted time. Despite receiving ten prior extensions totaling over 500 days, the appellant did not file the brief or provide new justification beyond chronic medical conditions. Consequently, the court denied the motion and dismissed the appeal pursuant to Hawai'i Rules of Appellate Procedure Rule 30.
Topics
Practice areas
Questions Presented
- Whether the appellate court may deny further extensions and dismiss the appeal for failure to file the opening brief under HRAP Rule 30
Holdings
- The motion for relief from default is denied and the appeal is dismissed because no further extensions are permitted and the appellant failed to file the opening brief.
Key quotations
“IT IS HEREBY ORDERED that the Motion is denied and the appeal is dismissed. See HRAP Rule 30.”
Factual background
Middleton failed to file the required opening brief despite multiple extensions, citing medical and family responsibilities, and did not indicate when the brief would be filed.
Procedural history
The appellate court denied Middleton's motions for extensions of time to file the opening brief, denied his motion for reconsideration, and after a default notice, denied his motion for relief from default, dismissing the appeal under HRAP Rule 30.