State v. Stern

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
11-APR-2024
08:02 AM
Dkt. 18 ODSD

NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI I

STATE OF HAWAI I, Plaintiff-Appellee, v.
PAUL H. STERN, Defendant-Appellant

APPEAL FROM THE DISTRICT COURT OF THE THIRD CIRCUIT
NORTH AND SOUTH KONA DIVISION
(CASE NO. 3DCW-XX-XXXXXXX)

ORDER DISMISSING APPEAL
(By: Leonard, Acting Chief Judge, Hiraoka and Guidry, JJ.)
Upon review of the record, it appears that:

(1) The statement of jurisdiction and opening brief

were due on or before January 18, 2024, and February 20, 2024,

respectively;

(2) Self-represented Defendant-Appellant Paul H. Stern

(Stern) failed to file either document, or request an extension

of time;

(3) On March 4, 2024, the appellate clerk entered a

default notice informing Stern 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 March 14,

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NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER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 Stern could request relief from default

by motion; and

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

appeal.

Therefore, IT IS HEREBY ORDERED that the appeal is

dismissed.

DATED: Honolulu, Hawai i, April 11, 2024.

/s/ Katherine G. Leonard
Acting Chief Judge

/s/ Keith K. Hiraoka
Associate Judge

/s/ Kimberly T. Guidry
Associate Judge

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