Cailing v. Thomas

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
30-MAY-2023
03:15 PM
Dkt. 35 ODSD
NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI I

DARRYL CAILING; KAREN CAILING; LESLIE GORDON,
Plaintiffs-Appellees, v.
CHANDRA THOMAS; DAVID THOMAS, Defendants-Appellants

APPEAL FROM THE DISTRICT COURT OF THE FIRST CIRCUIT
HONOLULU DIVISION
(CIVIL NOS. 1DSS-XX-XXXXXXX and 1DSS-XX-XXXXXXX (consolidated))

ORDER DISMISSING APPEAL AND ORDER OF SANCTION
(By: Ginoza, Chief Judge, Wadsworth and Chan, JJ.)
Upon review of the record, it appears that:
(1) On February 13, 2023, Defendants-Appellants
Chandra Thomas and David Thomas (Appellants) moved for an
extension of time to file requests for transcripts and a
statement of jurisdiction (Extension Request), which were
respectively due on or before December 9, 2022, and February 2,
2023. Hawai i Rules of Appellate Procedure (HRAP) Rules
10(b)(1)(A) & 12.1(a);
(2) On March 3, 2023, the court granted the Extension
Request, but ordered Appellants' counsel, Barry L. Sooalo
(Sooalo), to show cause, within 10 days of the order, as to why
he failed to file timely requests for transcripts (OSC). The OSC
further informed Sooalo that failure to timely respond or to show
good cause may result in sanctions under HRAP Rule 51;
(3) Sooalo failed to respond to the OSC;
(4) Appellants' opening brief was due on a clerk's
extension on or before April 5, 2023;
NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

(5) Appellants failed to timely file the opening brief
or request a further extension;
(6) On April 11, 2023, the appellate clerk entered a
default notice informing Appellants that the time for filing the
opening brief had expired, the matter would be called to the
court's attention on April 17, 2023, for appropriate action,
which could include dismissal of the appeal under HRAP Rule 30,
and Appellants could request relief from default by motion; and
(7) Appellants took no further action in this appeal.
Therefore, IT IS HEREBY ORDERED that:
1. Under HRAP Rule 51, Barry L. Sooalo is sanctioned
in the amount of $50.00.
2. A check in the full amount, payable to the State
Director of Finance, along with a copy of this order, shall be
deposited with the Supreme Court Clerk's Office within ten (10)
days from the date of this order.
3. A declaration by counsel attesting to the payment
shall be filed within ten (10) days from the date of this order.
4. Failure to comply with this order may result in
additional sanctions, including referral to the Office of
Disciplinary Counsel.
5. In addition to electronic service, the appellate
clerk shall mail a copy of this order to Sooalo at his address of
record.
IT IS FURTHER ORDERED that the appeal is dismissed,
under HRAP Rule 30, for failure to file the opening brief.
DATED: Honolulu, Hawai i, May 30, 2023.

/s/ Lisa M. Ginoza
Chief Judge

/s/ Clyde J. Wadsworth
Associate Judge

/s/ Derrick H.M. Chan
Associate Judge

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