NOT FOR PUBLICATION IN WEST'S HAWAI`I REPORTS OR THE PACIFIC REPORTER


NO. 27842






IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI`I






D.H., Plaintiff-Appellee,
v.
M.M., Defendant-Appellant






APPEAL FROM THE FAMILY COURT OF THE FIRST CIRCUIT
(FC-D NO. 95-2875)





ORDER DISMISSING APPEAL
(By: Burns, C.J., Lim and Foley, JJ.)

Upon review of the record, it appears that: (1) in a letter dated October 30, 2006, the appellate clerk informed Defendant-Appellant M.M. that the time for filing the statement of jurisdiction and the opening brief expired and that pursuant to Rule 30 of the Hawai`i Rules of Appellate Procedure, the matter would be called to the attention of the court for such action as the court deemed proper and the appeal may be dismissed; and (2) Defendant-Appellant failed to respond to said letter or otherwise oppose dismissal. Therefore,

IT IS HEREBY ORDERED that this appeal is dismissed.

Dated: Honolulu, Hawai`i, November 30, 2006.