NOT FOR PUBLICATION IN WEST'S HAWAI`I REPORTS AND PACIFIC REPORTER



NO. 28198






IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI`I







DAVID G. FELDSTEIN, Petitioner-Appellant
v.
STATE OF HAWAI`I, DEPARTMENT OF THE
ATTORNEY GENERAL, CHILD SUPPORT ENFORCEMENT AGENCY,
and OLIVIA B. FELDSTEIN, Respondents-Appellees






APPEAL FROM THE FAMILY COURT OF THE FIRST CIRCUIT
(FC-M NO. 02-1-0560)





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

Upon review of the record, it appears: (1) the record was docketed on December 4, 2006, and the court notified Petitioner-Appellant David Feldstein (Appellant) that the statement of jurisdiction was due on December 14, 2006 and the opening brief was due on January 13, 2007; (2) Appellant did not file the statement of jurisdiction or the opening brief; (3) on January 26, 2007, the appellate clerk informed Appellant, by mailing a letter to the address listed for Appellant in the record, that the time for filing the statement of jurisdiction and opening brief expired and, 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, including dismissal of the appeal; (4) the letter was returned, because Appellant is no longer at the address listed and the post office was unable to forward the letter; and (5) due to Appellant' failure to keep the court informed of his present address and his failure to file the statement of jurisdiction and opening brief, it seems Appellant has abandoned his appeal. Therefore,

IT IS HEREBY ORDERED that this appeal is dismissed.

DATED: Honolulu, Hawai`i, March 12, 2007.