Wilmington Savings Fund Society v. Wallace

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
09-JAN-2024
07:52 AM
Dkt. 26 ODSD

NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI I

WILMINGTON SAVINGS FUND SOCIETY, FSB, D/B/A CHRISTIANA TRUST,
NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS TRUSTEE FOR
SC PARK LANE II TRUST 2019-1, Plaintiff-Appellee, v.
PAUL WALLACE, Defendant-Appellant, and
HAWAIIAN PARADISE PARK OWNERS ASSOCIATION;
PORTFOLIO RECOVERY ASSOCIATES, LLC, Defendants-Appellees;
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 THIRD CIRCUIT
(CIVIL NO. 1CC121000100)

ORDER DISMISSING APPEAL
(By: Leonard, Presiding Judge, Nakasone and McCullen, JJ.)
Upon review of the record, it appears that:
(1) The statement of jurisdiction and opening brief
were due on or before November 13, 2023, and December 15, 2023,
respectively;
(2) Self-represented Defendant-Appellant Paul Wallace
(Wallace) failed to file either document or request an extension
of time;
(3) On December 19, 2023, the appellate clerk entered a
default notice informing Wallace 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 December 29,
2023, for appropriate action, which could include dismissal of
the appeal under Hawai i Rules of Appellate Procedure
NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Rules 12.1(e) and 30, and Wallace could request relief from
default by motion; and
(4) Wallace has not taken any further action in this
appeal.
Therefore, IT IS HEREBY ORDERED that the appeal is
dismissed.
DATED: Honolulu, Hawai i, January 9, 2024.

/s/ Katherine G. Leonard
Presiding Judge

/s/ Karen T. Nakasone
Associate Judge

/s/ Sonja M.P. McCullen
Associate Judge

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