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Keahi Young, Trustee of the Priscilla C. Young Trust v. Kumukoa (W) Aka Emily Kumukoa Keakuanuu Ohia

September 18, 2012

KEAHI YOUNG, TRUSTEE OF THE PRISCILLA C. YOUNG TRUST, PLAINTIFF-APPELLEE,
v.
KUMUKOA (W) AKA EMILY KUMUKOA KEAKUANUU OHIA, ET AL., DEFENDANTS-APPELLANTS



APPEAL FROM THE CIRCUIT COURT OF THE THIRD CIRCUIT (CIVIL NO. 08-1-0087)

NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS AND PACIFIC REPORTER

ORDER DISMISSING THE CROSS-APPEAL OF THE CROSS-APPELLANTS (By: Fujise, Presiding Judge, Reifurth and Ginoza, JJ.)

Upon review of the record, it appears that:

(1) On August 23, 2011, Defendant-Appellant/Cross- Appellee Dawn Whitney (Appellant Dawn Whitney) filed a notice of appeal;

(2) on August 26, 2011, Defendants-Appellees/Cross- Appellants Gary G. Kuikahi, Lana R. Lancaster, and Kim K. Kuikahi (Cross-Appellants) filed a notice of appeal (cross appeal);

(3) the record on appeal was filed on October 17, 2011, and the appellate clerk informed Cross-Appellants by mail to the address reflected on their filed documents (155 Mamo Street, Hilo, Hawaii [96720]) that the opening brief was due on November 28, 2011;

(4) Cross-Appellants obtained a clerk's extension to

December 28, 2011 to file their opening brief and filed a Notice of Extension on November 23, 2011;

NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS AND PACIFIC REPORTER

(5) Cross-Appellants did not file the opening brief;

(6) from February, 2012, through July, 2012, orders of this court that were conventionally served upon Cross-Appellants at the same address reflected above were returned by the U.S. Postal Service as undeliverable, and Cross-Appellants had not informed the court of any alternative mailing address;

(7) a notice of default filed on August 9, 2012, which the appellate clerk mailed to the same above-referenced address to Cross-Appellants, informed Cross-Appellants that:

(a) the time for filing the opening ...


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