Weeks v. Warner

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 03-FEB-2026 09:21 AM Dkt. 86 ORD NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI I

DEBRA A. WEEKS, Plaintiff-Appellee, v. EUGENE WARNER, Defendant-Appellant

APPEAL FROM THE DISTRICT COURT OF THE THIRD CIRCUIT NORTH & SOUTH HILO DIVISION (CASE NO. 3DRC-XX-XXXXXXX)

ORDER DISMISSING APPEAL (By: Nakasone, Chief Judge, Leonard and Wadsworth, JJ.)

Upon review of the record, it appears that: (1) On July 21, 2025, the court ordered self-represented Defendant-Appellant Eugene Warner to, by no later than August 4, 2025, conventionally serve self-represented Plaintiff-Appellee Debra A. Weeks with the Opening Brief via U.S. Mail and file a certificate of service indicating the date, mailing address, and manner in which the service was completed; (2) The July 21, 2025 Order further warned that failure to comply may result in sanctions, including dismissal of the appeal; (3) Warner failed to comply with the July 21, 2025 Order; (4) On August 19, 2025, the court ordered Warner to, by no later than August 26, 2025, show cause, in a written declaration or affidavit, explaining why the appeal should not be dismissed for failure to serve the Opening Brief and for failure to file a certificate of service so indicating; and NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER (5) Warner failed to show cause, and to date, he has not filed a certificate of service indicating completion of service of the Opening Brief.

Therefore, IT IS HEREBY ORDERED that the appeal is dismissed. Hawai i Rules of Appellate Procedure Rules 28(a), 30.

DATED: Honolulu, Hawai i, February 3, 2026.

/s/ Karen T. Nakasone Chief Judge /s/ Katherine G. Leonard Associate Judge /s/ Clyde J. Wadsworth Associate Judge