Moore v. Estabrook

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
13-NOV-2023
07:59 AM
Dkt. 17 ODSD
NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI I

THOMAS MOORE; KATHRYN "JO" MOORE, Plaintiffs-Appellees, v.
ROBERT ESTABROOK, Defendant-Appellant, and
MELISSA RAVELO, Defendant-Appellee, and
JOHN DOES 1-10; JANE DOES 1-10, Defendants

APPEAL FROM THE DISTRICT COURT OF THE THIRD CIRCUIT
PUNA DIVISION
(CASE NO. 3DRC-XX-XXXXXXX)

ORDER DISMISSING APPEAL
(By: Wadsworth, Presiding Judge, Nakasone and Guidry, JJ.)
Upon review of the record, it appears that:

(1) The statement of jurisdiction and opening brief

were due on or before May 8, 2023, and June 6, 2023,

respectively;

(2) Self-represented Defendant-Appellant Robert

Estabrook (Estabrook) failed to file either document, or request

an extension of time;

(3) On October 16, 2023, the appellate clerk entered a

default notice informing Estabrook 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 October 26,

2023, for appropriate action, which could include dismissal of
NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

the appeal under Hawai i Rules of Appellate Procedure

Rules 12.1(e) and 30, and Estabrook could request relief from

default by motion; and

(4) Estabrook has not taken any further action in this

appeal.

Therefore, IT IS HEREBY ORDERED that the appeal is

dismissed.

DATED: Honolulu, Hawai i, November 13, 2023.

/s/ Clyde J. Wadsworth
Presiding Judge

/s/ Karen T. Nakasone
Associate Judge

/s/ Kimberly T. Guidry
Associate Judge

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