The Hawaii Intermediate Court of Appeals has dismissed an appeal filed by Rosemond K. Pettigrew in the case of Waiakoa Investments LLC v. Heirs and Assigns of William H. Naluai. The court made this decision on November 4, 2026, after Pettigrew failed to submit required documents for the appeal. This ruling impacts Pettigrew and potentially affects the ongoing legal matters involving Waiakoa Investments and the Naluai heirs.
This case began when Waiakoa Investments LLC, a limited liability company based in Hawaii, initiated a legal dispute against several defendants, including the heirs and assigns of William H. Naluai. The case was filed in the Circuit Court of the Second Circuit, under case number 2CC191000312. The dispute involves claims related to real property, but specific details of the underlying issues were not provided in the court filing.
Rosemond K. Pettigrew, who represented herself in this case, filed a notice of appeal on May 21, 2026. However, the appellate process took a turn when the appellate clerk entered a "Default of Opening Brief" on August 27, 2026. This notice informed Pettigrew that she had missed the deadline to file her opening brief, which was due on August 24, 2026. The court indicated that the matter would be reviewed on September 8, 2026, and that failure to respond could lead to dismissal of the appeal.
Despite the warning, Pettigrew did not file the necessary opening brief or request any relief from the default status. As a result, the court ruled to dismiss the appeal, stating, "Pettigrew failed to file the opening brief, did not request relief from default, and has not taken any further action in this appeal." The dismissal also included all pending motions associated with the case.
The ruling was made by a panel of judges, including Presiding Judge Clyde J. Wadsworth and Associate Judges Sonja M.P. McCullen and Daniel M. Gluck. Their decision highlights the importance of adhering to procedural rules in the appellate process.
This dismissal means that Pettigrew's appeal is no longer active, and the original case involving Waiakoa Investments and the Naluai heirs will continue without her involvement in the appellate court. The ruling underscores the necessity for parties in legal disputes to be vigilant about deadlines and procedural requirements, especially when navigating the complexities of the legal system.
Going forward, this ruling may serve as a reminder to other litigants about the importance of timely submissions in legal proceedings. While this specific case does not set a new legal precedent, it reinforces existing rules regarding the appellate process in Hawaii.
Details were not available in the court filing regarding whether Pettigrew plans to take further action or if there are related cases pending. However, the dismissal of her appeal effectively concludes her current efforts in this matter.
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