Background
Kathy M. Kia, the petitioner-appellee, and John J. Vogel, the self-represented respondent-appellant, were parties to a family-court case in the First Circuit. Vogel appealed from that proceeding.
In the appeal, Vogel’s statement of jurisdiction was due July 30, 2026, and his opening brief was due August 31, 2026. He filed neither document and did not seek additional time.
The Court’s Holding
The Hawaii Intermediate Court of Appeals dismissed the appeal. After the missed deadlines, the appellate clerk issued a September 10 default notice stating that the matter could be dismissed under Hawaii Rules of Appellate Procedure Rules 12.1(e) and 30 and that Vogel could seek relief from default by motion.
Vogel took no further action after the notice. The court therefore ordered the appeal dismissed.
Key Takeaways
- An appellant’s failure to file a required jurisdictional statement and opening brief can lead to dismissal.
- A default notice gives an appellant notice of the deficiency and an opportunity to seek relief.
- Self-represented status did not prevent dismissal where the appellant neither complied with deadlines nor moved for relief.
Why It Matters
The order illustrates the consequences of failing to prosecute an appeal after receiving a default notice. Appellants must meet briefing requirements or timely request relief; otherwise, the appellate court may dismiss the appeal without reaching the merits.