Background
S.H., acting on behalf of B.N., appealed from a Family Court of the Second Circuit matter involving R.N. The appellate case was docketed as CAAP-26-0000090.
S.H.’s statement of jurisdiction was due March 30, 2026, and the opening brief was due May 28, 2026. S.H. filed neither document and did not seek additional time. On July 16, 2026, the appellate clerk issued a default notice advising that the appeal could be dismissed under Hawaiʻi Rules of Appellate Procedure Rules 12.1(e) and 30, and that S.H. could seek relief from default by motion. S.H. took no further action.
The Court’s Holding
The Hawaii Intermediate Court of Appeals dismissed the appeal. The court acted after S.H. failed to file the required statement of jurisdiction and opening brief, failed to request an extension, and did not respond to the clerk’s default notice.
The order does not address the merits of the underlying family-court dispute. It resolves the appeal solely on the appellant’s failure to prosecute it through the required appellate filings.
Key Takeaways
- An appellant’s failure to file required jurisdictional and opening-brief documents can result in dismissal.
- A default notice provides an opportunity to seek relief, but the appellant must take action.
- The dismissal was procedural and did not decide the underlying family-court issues on their merits.
Why It Matters
The order illustrates that appellate deadlines remain consequential even after a notice of appeal has been filed. Failure to submit mandatory filings or request an extension can end an appeal without merits review.