NO. 28285





IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI‘I






STATE OF HAWAI‘I, Plaintiff-Appellee,


v.


JAMES DAVID KALILI, Defendant-Appellant.





APPEAL FROM THE DISTRICT COURT OF THE THIRD CIRCUIT,
(CR. NO. C06013328 (KONA))





ORDER DISMISSING APPEAL
(By: Recktenwald, C.J., Watanabe and Nakamura, JJ.)

Upon review of the record, it appears that: (1) on November 17, 2006, Defendant-Appellant James David Kalili filed a notice of appeal; (2) on May 4, 2007, the appellate clerk filed a notice of entering case on calendar and notified Appellant the statement of jurisdiction was due on May 14, 2007 and the opening brief was due on June 15, 2007; (3) on June 19, 2007, the court granted Appellant an extension of time to file the statement of jurisdiction; (4) Appellant filed the statement of jurisdiction on June 19, 2007; (5) the court granted Appellant an extension of time to file the opening brief, but he did not file the brief; (6) on August 9, 2007, the appellate clerk informed Appellant: (a) the time for filing the opening brief expired; (b) the matter would be called to the attention of the court on September 18, 2007 for such action as the court deemed proper; and (c) the appeal may be dismissed pursuant to HRAP Rule 30; (7) 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, October 24, 2007.