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NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER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
05-APR-2024
08:40 AM
Dkt. 34 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 HAWAII, 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
(CASE NO. 1CC141000551)

ORDER DISMISSING APPEAL
(By: Leonard, Acting Chief Judge, Hiraoka and Wadsworth, JJ.)
Upon review of the record, it appears that:
(1) The statement of jurisdiction and opening brief
were due on or before February 9, 2024, and March 11, 2024,
respectively;
(2) Self-represented Defendant-Appellant Samuel Noah
Keoni Levitz (Levitz) failed to file either document, or request
an extension of time;
(3) On March 15, 2024, 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 March 25,
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NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER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 (HRAP)
Rules 12.1(e) and 30, and Levitz could request relief from
default by motion;
(4) Levitz has not taken any further action in this
appeal;
(5) On January 16, 2024, the court ordered Deputy
Attorney General Winston I. Wong (Wong) to file, within ten days
from the order, a declaration, affidavit, or certificate of
service indicating Wong's January 10, 2024 letter, which the
court construed as a motion to withdraw as counsel, under HRAP
Rule 50(a), was provided to the client, or that the client was
otherwise informed of Deputy Attorneys General Gary Shiro
Suganuma, Patrick K. Kelly, and Teresa Dawn Zetwick's withdrawal;
(6) Wong did not file a response to the January 16,
2024 order;1 and
(7) On March 27, 2024, Deputy Attorneys General Nathan
S.C. Chee and Joshua J. Michaels filed a letter, which the court
construes as a motion to withdraw Wong as counsel for Defendant-
Appellee State of Hawai i, Department of Taxation, under HRAP
Rule 50(a). Like Wong's January 10, 2024 letter, the March 27,
2024 letter does not specify whether the client was informed of
the withdrawal of counsel.
Therefore, IT IS HEREBY ORDERED that the appeal is
dismissed.
IT IS FURTHER ORDERED that all pending motions are
dismissed.
IT IS FURTHER ORDERED that the appellate clerk shall
mail a copy of this order to Wong at his address on file with the
Hawaii State Bar Association.
DATED: Honolulu, Hawai i, April 5, 2024.

/s/ Katherine G. Leonard
Acting Chief Judge

/s/ Keith K. Hiraoka
Associate Judge

/s/ Clyde J. Wadsworth
Associate Judge

1
Wong is cautioned to comply with court orders. Future violations may
result in sanctions.

2