Background
Akaka Falls Farm LLC, Lunakanawai Hauanio, and Margaret M. Connor appealed from the Circuit Court of the Third Circuit in an action against The Merrie Monarch Festival and the County of Hawaii.
The appellants’ statement of jurisdiction and opening brief were due by August 17 and September 14, 2026, respectively. They filed neither document, sought no extension, and did not respond after the appellate clerk issued a September 21 default notice warning that the appeal could be dismissed under Hawaii Rules of Appellate Procedure Rules 12.1(e) and 30.
The Court’s Holding
The Intermediate Court of Appeals dismissed the appeal because the appellants failed to file the required statement of jurisdiction and opening brief, did not seek an extension, and took no further action after receiving the default notice.
The court also noted that Akaka Falls Farm LLC could not proceed without counsel. Under Hawaii law, a limited liability company must be represented by an attorney in litigation; non-attorney agents cannot represent it.
Key Takeaways
- An appeal may be dismissed when appellants do not timely file required appellate documents.
- A default notice gives appellants an opportunity to seek relief, but failure to act may result in dismissal.
- An LLC cannot appear in litigation through a non-attorney representative.
Why It Matters
The order underscores that self-represented parties must still comply with appellate filing deadlines and procedural requirements. It also reiterates the separate representation requirement for business entities: an LLC needs licensed counsel to litigate an appeal.