In re: Wolf Revocable Living Trust

NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER

Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
24-APR-2026
01:17 PM
Dkt. 25 ORD

NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAIʻI

IN THE MATTER OF THE PHYLLIS ANN WOLF REVOCABLE LIVING TRUST,
DATED JULY 9, 1999, AS AMENDED.

APPEAL FROM THE CIRCUIT COURT OF THE SECOND CIRCUIT
(CASE NO. 2CTR-XX-XXXXXXX)

ORDER AND ORDER DISMISSING APPEAL
(By: Leonard, Presiding Judge, Hiraoka and Gluck, JJ.)

Upon consideration of Melissa H. Lambert's (Lambert)
March 20, 2026 Notice of Disassociation of Counsel for
Respondent-Appellee Mele Jean Strickland [(Strickland)], Trustee
for the Phyllis Ann Wolf Revocable Living Trust Dated
July 9, 1999 (Notice), which the court construes as a motion to
withdraw as counsel, under Hawaiʻi Rules of Appellate Procedure
(HRAP) Rule 50(a), Brian C. Zuanich's (Zuanich) April 19, 2026
Motion to Withdraw as Appellate Counsel (Motion), the papers in
support, and the record, it appears that:
(1) Strickland is represented in this appeal by
Lambert and Laya Omar Farooq Dudley (Dudley) of Carlsmith Ball
LLP;
NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER

(2) The Notice states Dudley is no longer affiliated
with Carlsmith Ball and Lambert will continue to represent
Strickland;
(3) An attorney moving to withdraw as counsel of
record "must show that notice of the motion was given by service
upon the attorney's client." HRAP Rule 50(a);
(4) The Notice does not specify whether Strickland was
informed of the withdrawal of counsel. Nonetheless, the court
will allow Dudley to withdraw, but require Lambert to
demonstrate service of the Notice upon Strickland;
(5) In the Motion, Zuanich seeks to withdraw as
counsel for Petitioner-Appellant Kanani Ann Wolf, because Kanani
Wolf terminated Zuanich's representation. Zuanich states he
served the Motion on Kanani Wolf by email, which is not an
accepted form of service. See HRAP Rule 25(c); Hawaiʻi Rules of
Civil Procedure Rule 5(b) (incorporated into HRAP via HRAP
Rule 2.1(a)). Thus, the court will deny the Motion;
(6) The statement of jurisdiction and opening brief
were due on or before March 2, 2026, and March 31, 2026,
respectively;
(7) Kanani Wolf failed to file either document, or
request an extension of time;
(8) On April 9, 2026, the appellate clerk entered a
default notice informing Kanani Wolf's counsel 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
April 20, 2026, for appropriate action, which could include
dismissal of the appeal, under HRAP Rules 12.1(e) and 30, and
Kanani Wolf could request relief from default by motion; and
(9) Kanani Wolf has not taken any further action in
this appeal.

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Therefore, IT IS HEREBY ORDERED that the Notice,
construed as a motion to withdraw as counsel, is granted.
Within ten days from the date of this order, Lambert shall file
a declaration, affidavit, or certificate of service indicating
the Notice was provided to Strickland, or that Strickland was
otherwise informed of Dudley's withdrawal.
IT IS FURTHER ORDERED that the Motion is denied
without prejudice.
IT IS FURTHER ORDERED that the appeal is dismissed.
DATED: Honolulu, Hawaiʻi, April 24, 2026.

/s/ Katherine G. Leonard
Presiding Judge

/s/ Keith K. Hiraoka
Associate Judge

/s/ Daniel M. Gluck
Associate Judge

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