Silva v. Kuamoo (Order Granting Appellee Jeff John Silva's Motion to Dismiss Appeal of Defendant-Appellant Aileen M. Kuamoo)

NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS AND PACIFIC REPORTER

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NO. 28245

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI`I

JEFF JOHN SILVA, Plaintiff-Appellee,
v.
AILEEN M. KUAMOO, Defendant-Appellant,
and
GERALDINE LEIMOMI OLSZOWKA-MARTINEZ, Defendant-Appellant,
and
KAAHALAMA (K), et al., Defendants-Appellees






APPEAL FROM THE CIRCUIT COURT OF THE THIRD CIRCUIT
(CIVIL NO. 06-1-0098)






ORDER GRANTING APPELLEE JEFF JOHN SILVA'S MOTION
TO DISMISS APPEAL OF DEFENDANT-APPELLANT AILEEN M. KUAMOO
(By: Recktenwald, C.J., Watanabe and Foley, JJ.)

Upon consideration of Plaintiff-Appellee Jeff John Silva's Motion to Dismiss Appeal of Defendant-Appellant Aileen M. Kuamoo due to Appellant Kuamoo's failure to file a statement of jurisdiction or opening brief, the papers in support, and the records and files herein, it appears: (1) Appellant Kuamoo filed a notice of appeal on November 1, 2006; (2) on January 2, 2007, the appellate clerk notified the parties that the statement of jurisdiction was due on January 12, 2007 and the opening brief was due on February 11, 2007; (3) Appellant Kuamoo did not file the statement of jurisdiction or opening brief; (4) on April 18, 2007, the appellate clerk informed Appellant Kuamoo that thestatement of jurisdiction and opening brief were in default, the matter would be called to the attention of the court on April 27, 2007, and the appeal may be dismissed; (5) Appellant Kuamoo did not file the required documents or respond to the default letter or oppose the motion to dismiss. Therefore,

IT IS HEREBY ORDERED that the motion to dismiss is granted and the appeal of Defendant-Appellant Aileen M. Kuamoo is dismissed.

DATED: Honolulu, Hawai`i, May 4, 2007.

On the motion:

Philip J. Leas
W. Keoni Shultz
(Cades Schutte LLP)
for Plaintiff-Appellee
Jeff John Silva