Background
Tassia Corcoran was the claimant in a matter before the Labor and Industrial Relations Appeals Board. Employer Uilani LLC appealed from that proceeding, with K9 Secret Service of Honolulu, LLC and the Special Compensation Fund also listed as appellees.
Uilani’s statement of jurisdiction was due June 12, 2026, and its opening brief was due July 13, 2026. It filed neither document and did not seek additional time. The appellate clerk issued a July 21 default notice warning that dismissal could result under Hawaiʻi Rules of Appellate Procedure Rules 12.1(e) and 30, and advising Uilani it could seek relief by motion. Uilani took no further action.
The Court’s Holding
The Hawaii Intermediate Court of Appeals dismissed Uilani’s appeal. The court relied on Uilani’s failure to submit its required jurisdictional statement and opening brief, seek an extension, or respond after the clerk’s default notice.
The court also noted that an LLC must be represented by counsel in litigation. A nonparty, nonattorney, Ray Sagum, had signed Uilani’s notice of appeal, so Uilani could not proceed in the appeal without legal representation.
Key Takeaways
- An appeal may be dismissed after an appellant fails to file required appellate documents and does not seek relief from default.
- A clerk’s default notice can provide notice of a potential dismissal and an opportunity to seek relief.
- An LLC cannot litigate through a nonattorney representative.
Why It Matters
The order underscores that appellants must comply with filing deadlines even after initiating an appeal. Failing to file a jurisdictional statement and opening brief, then taking no action after a default notice, can end the appeal without consideration of its merits.
It also reinforces the representation requirement for business entities: an LLC must appear through licensed counsel rather than a nonattorney member, agent, or other representative.