Association of Apartment Owners of Marine Surf Waikiki, Inc. v. Pikor

NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
09-JUN-2021
09:35 AM
Dkt. 32 ODSD
NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI#I

ASSOCIATION OF APARTMENT OWNERS OF
MARINE SURF WAIKIKI, INC., a Hawai#i Nonprofit corporation,
by its Board of Directors, Plaintiff-Appellee, v.
NIKODEM PIKOR, Defendant-Appellant

NIKODEM PIKOR, Counterclaimant-Appellant, v.
ASSOCIATION OF APARTMENT OWNERS OF
MARINE SURF WAIKIKI, INC., a Hawai#i Nonprofit corporation,
by its Board of Directors, Counterclaim Defendant-Appellee

NIKODEM PIKOR, Third Party Plaintiff-Appellant, v.
THYSSENKRUPP ELEVATOR CORPORATION, Foreign Profit Corporation,
Third Party Defendant-Appellee

APPEAL FROM THE DISTRICT COURT OF THE FIRST CIRCUIT
HONOLULU DIVISION
(CIVIL CASE NO. 1RC191003776)

ORDER DISMISSING APPEAL
(By: Ginoza, Chief Judge, Fujise and Wadsworth, JJ.)
Upon review of the record, it appears that:
(1) On December 18, 2020, Defendant/Counterclaimant/
Third-Party Plaintiff-Appellant Nikodem Pikor (Pikor) filed the
notice of appeal;
(2) The opening brief was due on a second extension on
or before May 14, 2021;
NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

(3) Pikor failed to file the opening brief or request
another extension of time;
(4) On May 21, 2021, the appellate clerk notified Pikor
that the time for filing the opening brief had expired, the
matter would be called to the court's attention on June 1, 2021,
for appropriate action, which could include dismissal of the
appeal, under Hawai#i Rules of Appellate Procedure Rule 30, and
Pikor could request relief from default by motion; and
(5) Pikor took no further action in this appeal.
Therefore, IT IS HEREBY ORDERED that the appeal is
dismissed.
DATED: Honolulu, Hawai#i, June 9, 2021.
/s/ Lisa M. Ginoza
Chief Judge

/s/ Alexa D.M. Fujise
Associate Judge

/s/ Clyde J. Wadsworth
Associate Judge

2