Background
Debra Robertson appealed an unfavorable decision from the Labor and Industrial Relations Appeals Board (Case AB 2022-105) involving a workers’ compensation claim against her employer, the State of Hawaiʻi Department of Education. Robertson proceeded as a self-represented litigant in the appeal to the Hawaii Intermediate Court of Appeals.
The appeal was docketed as CAAP-25-0000815. Under the Hawaiʻi Rules of Appellate Procedure, Robertson was required to file a statement of jurisdiction on or before December 26, 2025, and an opening brief on or before January 26, 2026.
The Court’s Holding
The Intermediate Court of Appeals dismissed Robertson’s appeal for failure to prosecute. Robertson did not file either required document—the statement of jurisdiction or the opening brief—nor did she request an extension of time to do so. On February 10, 2026, the appellate clerk entered a default notice informing Robertson that the time had expired and that the matter would be brought before the court on February 20, 2026 for appropriate action, which could include dismissal.
Robertson never requested relief from default or filed a late opening brief. The court, finding no basis to excuse her non-compliance with appellate rules, granted dismissal of the appeal. The court also granted a motion to withdraw one of the Department of Education’s counsel, allowing another Deputy Attorney General to continue representation.
Key Takeaways
- Self-represented litigants must strictly comply with appellate filing deadlines and procedural requirements.
- Failure to file a statement of jurisdiction and opening brief within prescribed time frames results in automatic dismissal absent relief from default.
- A litigant must request an extension of time or relief from default before deadlines expire or shortly thereafter; silence results in loss of the right to appeal.
- Appellate courts will dismiss appeals for non-compliance with procedural rules regardless of the merits of the underlying claim.
Why It Matters
This procedural decision underscores the strict enforcement of appellate rules in Hawaiʻi. Self-represented litigants must understand that appellate courts are not lenient with filing deadlines or procedural requirements—failure to file required documents on time typically results in dismissal without consideration of the underlying merits. The order illustrates that access to appellate review is conditioned on compliance with formal procedures.
For attorneys advising clients, this case serves as a reminder of the risks posed by self-representation in appeals and the importance of assisting clients in understanding appellate timelines and requirements, particularly in workers’ compensation matters where tight deadlines govern appellate review.