Dibona v. ANC Rental Corporation (Order Dismissing Appeal)

NO. 28503

IN THE INTERMEDIATE COURT OF APPEALS
OF THE STATE OF HAWAI‘I

TERESA M. DIBONA, Claimant-Appellant,

v.

ANC RENTAL CORPORATION, nka VANGUARD CAR RENTAL USA, INC.
and
INSURANCE COMPANY OF PENNSYLVANIA,
Employer/Insurance Carrier-Appellee
and
JOHN MULLEN & COMPANY, INC., Insurance Adjuster-Appellee.

APPEAL FROM THE LABOR AND INDUSTRIAL RELATIONS APPEALS BOARD,
(CASE NO. AB 2004-352(K) (4-03-00383))

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

Upon review of the record, it appears that: (1) on April 12, 2007, Claimant-Appellant Teresa Dibona filed a notice of appeal; (2) Appellant's attorneys filed a motion to withdraw as counsel; (3) Appellant did not respond to the motion or otherwise oppose withdrawal of counsel; (4) on August 1, 2007, the court granted the motion to withdraw as counsel and extended the time to file the opening brief to September 4, 2007; (5) the appellate clerk served a copy of the order on Appellant at the address contained in the record; (6) Appellant did not file the opening brief; (7) on September 14, 2007, the appellate clerk informed Appellant: (a) the time to file the opening brief expired on September 4, 2007; (b) the matter would be brought to the attention of the court on September 21, for such action as the court deems proper; and (c) the appeal may be dismissed; (8) Appellant did not respond to the default letter or file the opening brief. Therefore,

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

DATED: Honolulu, Hawai‘i, November 5, 2007.