Luber v. Mansfield (Order Dismissing Appeal)

NOT FOR PUBLICATION IN WEST'S HAWAI`I REPORTS AND PACIFIC REPORTER

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NO. 28213

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI`I

ANICIA M. LUBER, Plaintiff-Appellee,

v.

SHAUN MANSFIELD, Defendant-Appellant

APPEAL FROM THE DISTRICT COURT OF THE FIRST CIRCUIT

HONOLULU DIVISION

(CIVIL NO. 1RC 06-1-2613)

ORDER DISMISSING APPEAL

(By: Recktenwald, C.J., Watanabe and Foley, JJ.)

Upon review of the record, it appears that: (1) on October 12, 2006, Defendant-Appellant Shaun Mansfield filed a notice of appeal; (2) on December 11, 2006, the appellate clerk filed a notice of entering case on calendar and notified Appellant that the jurisdictional statement was due on December 21, 2006 and the opening brief was due on January 20, 2007; (3) Appellant did not file the statement of jurisdiction or opening brief; (4) on January 26, 2007, the appellate clerk informed Appellant that the time for filing the statement of jurisdiction and opening brief expired and that the matter would be brought to the attention of the court on February 2, 2007 for such action as the court deems proper and the appeal may be dismissed pursuant to Hawai`i Rules of Appellate Procedure (HRAP) Rule 30; (5) Appellant did not file the statement of jurisdiction and the opening brief, or otherwise respond to the notice of default. Therefore,

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

DATED: Honolulu, Hawai`i, May 30, 2007.