Lin v. St. Francis Medical Center (Order for Dismissing Appeal)

NO. 28188

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI‘I

SHING LIN, Individually and as Personal Representative
of the ESTATE OF SHAN LING WONG, Plaintiff-Appellant
v.
ST. FRANCIS MEDICAL CENTER, a Hawai‘i Corporation;
JOHN DOES 1-10; JANE DOES 1-10; DOE CORPORATIONS 1-10;
DOE PARTNERSHIPS 1-10; DOE GOVERNMENTAL ENTITIES 1-10;
and DOE ENTITIES 1-10, Defendants-Appellee

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT
(CV. NO. 05-1-1908)

ORDER FOR DISMISSING APPEAL

Upon review of the record, it appears that: (1) on September 29, 2006, Plaintiff Appellant Shing Lin, individually and as personal representative of the Estate of Shan Ling Wong, filed a notice of appeal; (2) on February 2, 2007, Appellant moved for an extension of time to file the opening brief to enable the parties to continue settlement negotiations and resolve the case without having to proceed on appeal; (3) the court granted the motion and extended the time to file the opening brief to March 24, 2007; (4) Appellant did not file the opening brief; (5) on June 18, 2007, the appellate clerk informed Appellant: (a) the time for filing the opening brief expired; and (b) the matter would be called to the attention of the court on June 25, 2007, for such action as the court deemed proper and the appeal may be dismissed pursuant to HRAP Rule 30; and (6) Appellant did not file the opening brief or seek relief from default. Therefore,

IT IS HEREBY ORDERED that the appeal is dismissed pursuant to HRAP Rule 30.

DATED: Honolulu, Hawai‘i, September 25, 2007.