Summary
This Intermediate Court of Appeals order dismisses an appeal filed by self-represented plaintiff Sara C. Wylie against Fred Duke Chukovich and related defendants. The dismissal follows Wylie's failure to file a required statement of jurisdiction and opening brief within the mandated deadlines, despite receiving a formal default notice. Relying on the Hawaii Rules of Appellate Procedure, the court terminated the appeal and dismissed all pending motions.
Topics
Practice areas
Questions Presented
- Whether the appellate court may dismiss an appeal for failure to file the required statement of jurisdiction and opening brief under the Hawaii Rules of Appellate Procedure.
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, pursuant to Hawaii Rules of Appellate Procedure Rules 12.1(e) and 30.
Key quotations
“IT IS HEREBY ORDERED that the appeal is dismissed.”
Factual background
Wylie filed a notice of appeal on April 12, 2024, but did not file the required statement of jurisdiction or opening brief by the deadlines and did not seek an extension, leading the clerk to enter a default notice.
Procedural history
Wylie filed a notice of appeal but failed to file the required statement of jurisdiction or opening brief, nor request an extension. The appellate clerk entered a default notice and the court dismissed the appeal.