NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

NO. CAAP-23-0000754

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI I

PNC BANK NATIONAL ASSOCIATION, Plaintiff-Appellee, v.

SAMUEL NOAH KEONI LEVITZ, Defendant-Appellant, and

WESTGATE FAMILY PHYSICIANS;

FORECLOSURE FUNDING GROUP, LLC; BANK OF AMERICA, N.A.;

JANELLE WEBB, TRUSTEE OF THE SCRAPPY DU TRUST;

STATE OF HAWAII, DEPARTMENT OF TAXATION;

CITY AND COUNTY OF HONOLULU,

DEPARTMENT OF PLANNING AND PERMITTING,

Defendants-Appellees, and

JOHN DOES 1-50; JANE DOES 1-50;

DOE PARTNERSHIPS 1-50; DOE CORPORATIONS 1-50;

DOE ENTITIES 1-50; and DOE GOVERNMENTAL UNITS 1-50,

Defendants

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT

(CASE NO. 1CC141000551)

ORDER DISMISSING APPEAL

(By: Leonard, Acting Chief Judge, Hiraoka and Wadsworth, JJ.)

Upon review of the record, it appears that:

(1) The statement of jurisdiction and opening brief

were due on or before February 9, 2024, and March 11, 2024,

respectively; 

(2) Self-represented Defendant-Appellant Samuel Noah

Keoni Levitz (Levitz) failed to file either document, or request

an extension of time;

(3) On March 15, 2024, the appellate clerk entered a

default notice informing Levitz that the time for filing the

statement of jurisdiction and opening brief had expired, the

matter would be called to the court's attention on March 25,

2024, for appropriate action, which could include dismissal of

Electronically Filed

Intermediate Court of Appeals

CAAP-23-0000754

05-APR-2024

08:40 AM

Dkt. 34 ODSD
NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

the appeal, under Hawai i Rules of Appellate Procedure (HRAP)

Rules 12.1(e) and 30, and Levitz could request relief from

default by motion;

(4) Levitz has not taken any further action in this

appeal;

(5) On January 16, 2024, the court ordered Deputy

Attorney General Winston I. Wong (Wong) to file, within ten days

from the order, a declaration, affidavit, or certificate of

service indicating Wong's January 10, 2024 letter, which the

court construed as a motion to withdraw as counsel, under HRAP

Rule 50(a), was provided to the client, or that the client was

otherwise informed of Deputy Attorneys General Gary Shiro

Suganuma, Patrick K. Kelly, and Teresa Dawn Zetwick's withdrawal;

(6) Wong did not file a response to the January 16,

2024 order;1 and

(7) On March 27, 2024, Deputy Attorneys General Nathan

S.C. Chee and Joshua J. Michaels filed a letter, which the court

construes as a motion to withdraw Wong as counsel for DefendantAppellee State of Hawai i, Department of Taxation, under HRAP

Rule 50(a). Like Wong's January 10, 2024 letter, the March 27,

2024 letter does not specify whether the client was informed of

the withdrawal of counsel.

Therefore, IT IS HEREBY ORDERED that the appeal is

dismissed.

IT IS FURTHER ORDERED that all pending motions are

dismissed.

IT IS FURTHER ORDERED that the appellate clerk shall

mail a copy of this order to Wong at his address on file with the

Hawaii State Bar Association. 

DATED: Honolulu, Hawai i, April 5, 2024.

/s/ Katherine G. Leonard

Acting Chief Judge

/s/ Keith K. Hiraoka

Associate Judge

/s/ Clyde J. Wadsworth

Associate Judge

1 Wong is cautioned to comply with court orders. Future violations may

result in sanctions.

2