Souza v. Souza (Order Dismissing Appeal)

NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER

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NO. 28486

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI‘I

JEANA R. TODD SOUZA, Plaintiff-Appellee,

v.

THOMAS SOUZA, JR., Defendant-Appellant.

APPEAL FROM THE FAMILY COURT OF THE THIRD CIRCUIT
(FCDA NO: 01-1-0020 (HILO))




ORDER DISMISSING APPEAL
(By: Watanabe, Presiding Judge, Nakamura and Fujise, JJ.)

Upon review of the record; it appears that:   (1) Defendant-Appellant Thomas Souza, Jr. (Appellant) filed his notice of appeal on April 4, 2007; (2) on June 4, 2007, the appellate clerk notified Appellant that the jurisdictional statement was due on June 14, 2007 and the opening brief was due on July 14, 2007; (3) the court granted Appellant extensions of time to file the jurisdictional statement and the opening brief; (4) Appellant filed the jurisdictional statement, but he did not file the opening brief; (5) on November 16, 2007, the appellate clerk informed Appellant that: (a) the time to file the opening brief expired on October 31, 2007; (b) the matter would be called to the attention of the court on November 23, 2007 for such action as the court deems proper; and (c) the appeal may be dismissed pursuant to HRAP Rule 30; and (6) Appellant did not thereafter file the opening brief. Therefore,

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

DATED: Honolulu, Hawai‘i, December 28, 2007.