Wylie v. Chukovich

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
07-MAY-2025
08:10 AM
Dkt. 31 ODSD
NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI I

SARA C. WYLIE, Plaintiff/Counterclaim Defendant-Appellant, v.
FRED DUKE CHUKOVICH, SUCCESSOR TRUSTEE OF THE
PATRICK JAMES MOYNIHAN TRUST DATED APRIL 16, 1998,
Defendant/Counterclaimant-Appellee, and
KELLY MOYNIHAN, Defendant-Appellant, and
JOHN DOES 1-5; JANE DOES 1-5; DOE CORPORATIONS 1-5;
DOE ENTITIES 1-10; and DOE GOVERNMENTAL AGENCIES 1-5, Defendants

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT
(CIVIL NO. 1CCV-XX-XXXXXXX)

ORDER DISMISSING APPEAL
(By: Leonard, Acting Chief Judge, Hiraoka and McCullen, JJ.)
Upon review of the record, it appears that:
(1) On April 12, 2024, Plaintiff/Counterclaim
Defendant-Appellant Sara C. Wylie (Wylie) filed the notice of
appeal, self-represented;
(2) The statement of jurisdiction and opening brief
were due on or before June 10, 2024, and July 8, 2024,
respectively;
(3) Wylie failed to file either document, or request an
extension of time;
(4) On August 6, 2024, the appellate clerk entered a
default notice informing Wylie 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 August 16,
2024, 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NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER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 Wylie could request relief from default
by motion; and
(5) Wylie has not taken any further action in this
appeal.
Therefore, IT IS HEREBY ORDERED that the appeal is
dismissed.
IT IS FURTHER ORDERED that all pending motions are
dismissed.
DATED: Honolulu, Hawai i, May 7, 2025.

/s/ Katherine G. Leonard
Acting Chief Judge

/s/ Keith K. Hiraoka
Associate Judge

/s/ Sonja M.P. McCullen
Associate Judge

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