Association of Apartment Owners of Island Colony v. Josefowski

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
27-JAN-2023
10:13 AM
Dkt. 30 OGMD
NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI I

ASSOCIATION OF APARTMENT OWNERS OF ISLAND COLONY,
by and through its Board of Directors,
Plaintiff/Counterclaim Defendant-Appellee, v.
MICHAEL JOSEFOWSKI, Defendant/Counterclaimant-Appellant, and
DOE DEFENDANTS 1-10, Defendants

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT
(CIVIL NO. 1CCV-XX-XXXXXXX)

ORDER GRANTING MOTION TO DISMISS APPEAL
(By: Wadsworth, Presiding Judge, Nakasone and Chan, JJ.)
Upon consideration of the September 29, 2022 Motion to
Dismiss Appeal (motion) by Plaintiff/Counterclaim Defendant-
Appellee Association of Apartment Owners of Island Colony, by and
through its Board of Directors, the papers in support, and the
record, it appears that:
(1) On March 11, 2022, Defendant/Counterclaimant-
Appellant Michael Josefowski (Appellant) filed a notice of
appeal;
(2) On April 22, 2022, the circuit court clerk filed
the record on appeal, and the appellate clerk notified the
parties that the statement of jurisdiction and opening brief were
due on or before May 2, 2022, and June 1, 2022, respectively;
(3) Pursuant to a clerk's extension, the deadline to
file the opening brief was extended to July 1, 2022;
(4) On July 5, 2022, the appellate clerk notified
Appellant that the time for filing the statement of jurisdiction
and opening brief had expired, the matter would be called to the
NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

court’s attention on July 15, 2022, for appropriate action, which
could include dismissal of the appeal, pursuant to Hawai i Rules
of Appellate Procedure Rules 12.1(e) and 30, and Appellant may
request relief from default by motion;
(5) On August 23, 2022, this court granted Appellant
relief from default, the deadlines to file the statement of
jurisdiction and opening brief were extended to September 22,
2022, and Appellant was warned that further default of the
statement of jurisdiction and opening brief may result in
sanctions, including dismissal of the appeal, pursuant to Hawai i
Rules of Appellate Procedure Rules 12.1(e) and 30, and
(6) Appellant took no further action in this appeal.
Therefore, IT IS HEREBY ORDERED that the motion is
granted and the appeal is dismissed. The request to impose
sanctions upon Appellant is denied.
DATED: Honolulu, Hawai i, January 27, 2023.

/s/ Clyde J. Wadsworth
Presiding Judge

/s/ Karen T. Nakasone
Associate Judge

/s/ Derrick H.M. Chan
Associate Judge

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