NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER


NO. 28590




IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI‘I







W.T. YOSHIMOTO CORPORATION,
Plaintiff-Appellee,

v.


DAVID KIM dba NEW HOPE ALL NATIONS FELLOWSHIP;
NEW HOPE ALL NATIONS FELLOWSHIP, an unregistered organization;
NEW HOPE ALL NATIONS, an unregistered organization; ALL NATIONS
FELLOWSHIP, a Hawai‘i non-profit corporation; JOHN DOES 1-10;
JANE DOES 1-10; DOE CORPORATIONS 1-10 and DOE ENTITIES 1-10,
Defendants-Appellants.




APPEAL FROM THE DISTRICT COURT OF THE FIRST CIRCUIT
(CIV. NO. 1RC06-1-0633)





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

Upon review of the record, it appears that: (1) on June 24, 2007, Defendants-Appellants David Kim, New Hope All Nations Fellowship, New Hope All Nations, and All Nations Fellowship, filed a notice of appeal; (2) on August 24, 2007, Appellants filed the statement of jurisdiction; (3) on October 2, 2007, Appellants obtained an extension of time until October 24, 2007 to file the opening brief; (4) Appellants failed to file the opening brief; (5) on November 2, 2007, the appellate clerk informed Appellants: (a) the time to file the opening brief expired, (b) the matter would be called to the attention of the court for such action as the court deems proper, and (c) the appeal may be dismissed pursuant to HRAP Rule 30; (6) Appellants did not seek relief from this default 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 21, 2007.