State v. Lim

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
15-JUN-2023
08:12 AM
Dkt. 22 ODSD
NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI I

STATE OF HAWAI I, Plaintiff-Appellee, v.
JUSTIN K. LIM, Defendant-Appellant

APPEAL FROM THE DISTRICT COURT OF THE THIRD CIRCUIT
NORTH AND SOUTH HILO DIVISION
(CASE NO. 3DTC-22-064827)

ORDER DISMISSING APPEAL
(By: Ginoza, Chief Judge, Wadsworth and Guidry, JJ.)
Upon review of the record, it appears that:
(1) The statement of jurisdiction and the opening brief
were due on or before March 28, 2023, and April 26, 2023,
respectively;
(2) Self-represented Defendant-Appellant Justin K. Lim
(Lim) failed to file either document, or request an extension of
time;1
(3) On May 3, 2023, the appellate clerk notified Lim
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 May 15, 2023, for appropriate action, which
could include dismissal of the appeal, under Hawai i Rules of
Appellate Procedure Rules 12.1(e) and 30, and Lim could request
relief from default by motion; and

1
On January 5, 2023, Lim filed a letter, which the court construed as
a motion to dismiss this criminal appeal. The court denied Lim’s motion
without prejudice to Lim filing a motion or stipulation, in compliance with
HRAP Rule 42(c), showing Lim understands the consequences of voluntary
dismissal in compliance with HRAP Rule 42(c).
NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

(4) Lim has not taken any further action in this
appeal.
Therefore, IT IS HEREBY ORDERED that the appeal is
dismissed.
DATED: Honolulu, Hawai i, June 15, 2023.

/s/ Lisa M. Ginoza
Chief Judge

/s/ Clyde J. Wadsworth
Associate Judge

/s/ Kimberly T. Guidry
Associate Judge

2