Summary
The Hawaiʻi Intermediate Court of Appeals dismissed Moses A. Libero's appeal after he failed to file the statement of jurisdiction and opening brief by the applicable deadlines. The court noted that Libero did not request an extension, respond to the default notice, or take further action, and dismissed the appeal under Hawaiʻi Rules of Appellate Procedure Rules 12.1(e) and 30.
Topics
Practice areas
Questions Presented
- Whether the appeal should be dismissed because the appellant failed to file the statement of jurisdiction and opening brief by the deadlines and did not seek relief from default.
Holdings
- The appeal is dismissed because Libero failed to file the statement of jurisdiction and opening brief, did not request an extension, and took no further action after receiving a default notice.
Factual background
This was an appeal in which self-represented Defendant-Appellant Moses Angelo Libero failed to file the required statement of jurisdiction and opening brief by the applicable deadlines. He also did not seek an extension of time. After receiving notice of default and the possibility of dismissal, he took no further action.
Procedural history
The statement of jurisdiction was due August 11, 2025, and the opening brief was due September 10, 2025. Libero filed neither document and did not request an extension. After the appellate clerk issued a default notice on September 16, 2025, informing him that dismissal could follow and that he could seek relief from default, Libero took no further action. The court dismissed the appeal.