Gilroy v. Triantos

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NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER Electronically Filed Intermediate Court of Appeals CAAP-23-0000302 12-SEP-2023 08:11 AM Dkt. 45 ODSD NO. CAAP-23-0000302 IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI I WILLIAM GILROY, Plaintiff-Appellant, v. ROBERT DALE TRIANTOS; ROY JAY THORNTON; MATS ADAM FOGELVIK; PHILLIPS M. MAY; BOARD MEMBERS FOR R.I.C.O; HAWAIIAN RANCHOS ROAD MAINTENANCE CORPORATION; HAWAIIAN RANCHOS COMMUNITY ASSOCIATION; DAVID LAWTON; JUNG AND VASSAR; MANUEL LOPEZ; MARIA LOPEZ; STEPHANA PROKSCHL, Defendants-Appellees, and JOHN/JANE DOES 1-100, Defendants APPEAL FROM THE CIRCUIT COURT OF THE THIRD CIRCUIT (CASE NO. 3CCV-23-0000156) (By: ORDER DISMISSING APPEAL Wadsworth, Presiding Judge, Nakasone and McCullen, JJ.) Upon review of the record, it appears that: (1) On April 21, 2023, self-represented Plaintiff- Appellant William Gilroy (Gilroy) filed a notice of appeal in this court, which created appeal CAAP-23-0000302; (2) Gilroy failed to file a statement of jurisdiction, opening brief, or a request an extension of time to file either; (3) On July 18, 2023, the appellate clerk entered a default notice informing Gilroy that the time for filing the jurisdictional statement and opening brief expired and the matter would be called to the court's attention on July 28, 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 Gilroy could request relief from default by motion; (4) The appellate clerk mailed the default notice to Gilroy at his address on record; and NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER (5) Gilroy took no action to seek relief from default. Therefore, IT IS HEREBY ORDERED that the appeal is dismissed. IT IS FURTHER ORDERED that all pending motions are dismissed. DATED: Honolulu, Hawai i, September 12, 2023. /s/ Clyde J. Wadsworth Presiding Judge /s/ Karen T. Nakasone Associate Judge /s/ Sonja M.P. McCullen Associate Judge 2

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