DAMON SCHMIDT,
Defendant-Appellant
ORDER DENYING MOTION TO
DISMISS APPEAL
AND GRANTING ALTERNATIVE MOTIONFOR RELIEF FROM DEFAULT OF OPENING
BRIEF
(By: Duffy, J. for the court (1))
Upon consideration of appellant's motion to dismiss appeal for lack of jurisdiction, or in the alternative, for relief from default of the opening brief, the papers in support and in opposition and the record, it appears that the July 29, 2005 "Judgment for Interlocutory Decree of Foreclosure" is a judgment entered on a decree of foreclosure that is appealable pursuant to HRS § 667-51(a)(1)(Supp. 2004). Therefore,
IT IS HEREBY ORDERED that the motion to dismiss appeal for lack of jurisdiction is denied.
IT IS FURTHER ORDERED that the alternative motion for relief from default of the opening brief is granted. Appellant shall file his opening brief on or before February 10, 2006.
DATED: Honolulu, Hawai‘i, January 11, 2006.
1. Considered by: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.