Tavares v. Misuraca (Order Dismissing Appeal)

NO. 23482

IN THE SUPREME COURT OF THE STATE OF HAWAII

_____________________________________________________________________________

JOSEPH S. TAVARES, Plaintiff-Appellee

vs.

JOSEPH MISURACA, Defendant-Appellant

_____________________________________________________________________________

APPEAL FROM THE DISTRICT COURT OF THE FIFTH CIRCUIT

(CIV. NO. KO-99-86)

ORDER DISMISSING APPEAL

(By: Moon, C.J., Levinson, Nakayama,

Ramil, and Acoba, JJ.)

Upon review of the record, it appears that this court informed Appellant Joseph Misuraca by letter dated August 4, 2000 that the time for filing the statement of jurisdiction expired on July 27, 2000. This court also informed appellant by letter dated September 8, 2000 that the time for filing the opening brief expired on August 26, 2000 and that, pursuant to Rule 30 of the Hawaii Rules of Appellate Procedure, the matter would be called to the attention of the court for such action as the court deemed proper including dismissal of the appeal; and appellant having failed to respond to said letters or to otherwise oppose dismissal; therefore,

IT IS HEREBY ORDERED that the appeal is dismissed.

DATED: Honolulu, Hawaii, November 3, 2000.