PNC Bank National Association v. Levitz

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
28-FEB-2025
07:57 AM
Dkt. 42 ODSD
NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI I

PNC BANK NATIONAL ASSOCIATION, Plaintiff-Appellee, v.
SAMUEL NOAH KEONI LEVITZ, Defendant-Appellant, and
WESTGATE FAMILY PHYSICIANS; FORECLOSURE FUNDING GROUP, LLC;
BANK OF AMERICA, N.A.;
JANELLE WEBB, TRUSTEE OF THE SCRAPPY DU TRUST;
STATE OF HAWAI I - DEPARTMENT OF TAXATION
CITY AND COUNTY OF HONOLULU -
DEPARTMENT OF PLANNING AND PERMITTING, Defendants-Appellees, and
JOHN DOES 1-50; JANE DOES 1-50; DOE PARTNERSHIPS 1-50;
DOE CORPORATIONS 1-50; DOE ENTITIES 1-50; and
DOE GOVERNMENTAL UNITS 1-50, Defendants

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT
(CIVIL NO. 1CC141000551)

ORDER DISMISSING APPEAL
(By: Leonard, Acting Chief Judge, Hiraoka and Nakasone, JJ.)
Upon review of the record, it appears that:
(1) The statement of jurisdiction and opening brief
were due on or before December 2, 2024, and January 2, 2025,
respectively;
(2) Self-represented Defendant-Appellant Samuel Noah
Keoni Levitz (Levitz) failed to file either document, or request
an extension of time;
(3) On January 7, 2025, the appellate clerk entered a
default notice informing Levitz 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 January 17,
2025, 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NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER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 Levitz could request relief from default by
motion; and
(4) Levitz 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, February 28, 2025.

/s/ Katherine G. Leonard
Acting Chief Judge

/s/ Keith K. Hiraoka
Associate Judge

/s/ Karen T. Nakasone
Associate Judge

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