ASSOCIATION OF APARTMENT OWNERS OF THE PEARLRIDGE GARDEN AND THE PEARLRIDGE TOWER v. ANTHONY MARK ALBERT GINA PAONESSA PAUL ALBERT OCCUPANTS

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Intermediate Court of Appeals of Hawai'i.

ASSOCIATION OF APARTMENT OWNERS OF THE PEARLRIDGE GARDEN AND THE PEARLRIDGE TOWER, by and through its Board of Directors, Plaintiff-Appellee, v. ANTHONY MARK ALBERT, GINA L. PAONESSA and PAUL ALBERT, and OCCUPANTS, Defendants-Appellants

NO. CAAP-16-0000527

Decided: January 12, 2017

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

ORDER DISMISSING THE APPEAL PURSUANT TO HRAP RULE 30

Upon review of the record, it appears that:

(1) On July 18, 2016, Defendants-Appellants Anthony Mark Albert, Gina L. Paonessa, and Paul Albert (Appellants), pro se, filed a notice of appeal. The circuit court clerk electronically filed the notice of appeal on July 19, 2016;

(2) The opening brief was due on a first extension of time on or before October 26, 2016;

(3) Appellants did not file the opening brief, or request another extension of time;

(4) On November 9, 2016, the appellate clerk notified Appellants that the time for filing the opening brief had expired, pursuant to Hawai‘i Rules of Appellate Procedure Rule 30, the matter would be called to the court's attention on November 21, 2016, for appropriate action, which could include dismissal, and any request for relief from default should be made by motion; and

(5) Thereafter, Appellants did not file the opening brief, or otherwise respond to the default notice.

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