NOT FOR PUBLICATION IN WEST'S HAWAI`I REPORTS AND PACIFIC REPORTER
NO. 28398
IN THE
INTERMEDIATE COURT OF APPEALS
OF THE STATE
OF HAWAI`I
STATE OF HAWAI`I, Plaintiff-Appellee,
v.
JOHN E. DOW,
Defendant-Appellant
APPEAL FROM
THE DISTRICT COURT OF THE THIRD CIRCUIT
KONA DIVISION
(CASE NO.
3DTA-06-03478)
ORDER DISMISSING APPEAL
(By:
Recktenwald, C.J., Watanabe and Nakamura, JJ.)
Upon review of the record, it appears that: (1) on January 26, 2007,
Defendant-Appellant John E. Dow filed a notice of appeal; (2) on
February 8, 2007, the
appellate clerk filed a notice of entering case on calendar and
notified Appellant that the statement of jurisdiction was due on
February 18, 2007 and the
opening brief was due on March 20, 2007; (3) Appellant did not file the
statement of jurisdiction or opening brief; (4) on June 18, 2007, the
appellate clerk
informed Appellant that the time for filing the statement of
jurisdiction and the opening brief expired, and that 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 Hawai`i Rules of Appellate
Procedure (HRAP)
Rule 30; and (5) Appellant did not file the statement of jurisdiction
and 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, August 15, 2007.