BAYVIEW LOAN SERVICING LLC v. JOHN AND MARY DOES 20 DOE PARTNERSHIPS CORPORATIONS OR OTHER ENTITIES 20

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Intermediate Court of Appeals of Hawai'i.

BAYVIEW LOAN SERVICING, LLC, Plaintiff-Appellee, v. MICHAEL S. GABOUR, Defendant-Appellant, JOHN AND MARY DOES 1-20, DOE PARTNERSHIPS, CORPORATIONS OR OTHER ENTITIES 1-20, Defendants

NO. CAAP-16-0000454

Decided: October 20, 2016

(By: Foley, Presiding Judge, Leonard and Reifurth, JJ.)

ORDER DISMISSING THE APPEAL PURSUANT TO HRAP RULES 12.1(e) and 30

Upon review of the record, it appears that:

(1) On June 8, 2016, Defendant-Appellant Michael S. Gabour (Appellant) filed a notice of appeal;

(2) On August 8, 2016, the circuit court clerk filed the record on appeal and an amended record on appeal, and the appellate clerk notified the parties that the statement of jurisdiction and opening brief were due on or before August 18, 2016, and September 19, 2016, respectively;

(3) Appellant did not file either document, or request an extension of time;

(4) On October 4, 2016, the appellate clerk notified Appellant that the time for filing the statement of jurisdiction and opening brief had expired and, pursuant to Hawai‘i Rules of Appellate Procedure Rules 12.1(e) and 30, the matter would be called to the court's attention on October 14, 2016, for appropriate action, which could include dismissal of the appeal; and

(5) Thereafter, Appellant did not file the statement of jurisdiction or opening brief, or otherwise respond to the default notice.

Therefore, IT IS HEREBY ORDERED that the appeal is dismissed.