IN THE SUPREME COURT OF THE STATE OF HAWAI`I
IN THE INTEREST OF JOHN DOE
Born on May 5, 1999
No. 25365; FC-S No. 01-17734
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IN THE INTEREST OF JOHN DOE
Born on July 6, 2000
No. 25367; FC-S 01-07735
APPEAL FROM THE FAMILY COURT OF THE FIRST CIRCUIT
(FC-2 NOS. 01-07734 & 01-07735)
ORDER GRANTING MOTION TO DISMISS APPEAL OR, IN THE
ALTERNATIVE, TO EXTEND DEADLINE
FOR FILING OF OPENING BRIEF
(By: Moon, C.J., Levinson, Nakayama, Acoba, JJ., and
Circuit Judge Alm, assigned by reason of vacancy)
Upon consideration of the motion to dismiss the appeal, or in the alternative, motion to extend the time to file the opening brief, the papers in support, and the records and files herein, it appears that: (1) on October 1, 2002, court-appointed counsel Kevin S. Adaniya filed a notice of appeal on behalf of Mother-Appellant; (2) since the filing of the notice of appeal, Mother-Appellant failed to remain in contact with her attorney and failed to respond to a letter regarding Mother-Appellant's appeal and a related family court case; (3) Mother-Appellant did not appear at family court hearings and a default was entered against her; (4) appellate counsel has been unable to locate Mother-Appellant; and (5) Mother-Appellant has abandoned her appeal. Therefore,
IT IS HEREBY ORDERED that the motion to dismiss the appeal is granted, and this appeal is dismissed.
DATED: Honolulu, Hawaii, February 21, 2003.
Kevin S. Adaniya
on the motion for
appellant-mother