NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER
NO.
25131
IN
THE INTERMEDIATE COURT OF APPEALS
OF
THE STATE OF HAWAI‘I
MICHAEL K. SPERKA dba OLD HAWAIIAN
COFFEE,
Plaintiff-Appellee,
vs.
DOUG WHITING, NILDA WHITING dba
ROYAL HAWAIIAN AND PACIFIC TRADING CO.,
Defendants and Third-Party Plaintiffs-Appellants,
vs.
UESHIMA COFFEE CORPORATION, a Hawai‘i corporation,
Third-Party Defendant-Appellee,
and
YOSHIAKI KAWASHIMA, Third-Party Defendant.
APPEAL FROM THE CIRCUIT COURT OF THE
THIRD CIRCUIT
(CIV. NO. 99-026K)
ORDER DISMISSING APPEAL PURSUANT
TO HRAP RULE 30
(By: Foley,
Presiding Judge, Fujise and Leonard, JJ.)
Upon review of the record, it appears that: (1)
on May 24, 2002, Defendant and Third Party-Plaintiffs Doug and Nilda
Whiting, dba Royal Hawaiian and Pacific
Trading Company (Appellants), filed a notice of appeal; (2) on July 24,
2002, the appellate clerk filed a notice of entering
case on calendar and notified Appellant the jurisdictional statement
was due on August 3, 2002 and the opening brief was
due on September 2, 2002; (3) Appellant did not file the jurisdictional
statement or the opening brief; (4) on March 21,
2003, Appellants filed a notice of bankruptcy; (5) on March 5, 2008,
this court issued an order directing Appellants to file
with this court a report on the status of the bankruptcy proceedings
within thirty (30) days from the date of the order; (6) on
March 18, 2008, Appellants filed a notice of Discharge of Debtors; (6)
the Discharge of Debtors was filed on April 12,
2004; (7) on April 16, 2008, the appellate clerk notified Appellants
that: (a) as a result of the discharge of debtors, the
opening brief became due on May 22, 2004; (b) the opening brief was in
default; (c) the matter would be brought to the
attention of the court on April 23, 2008 for such action as the court
deems proper; (d) the appeal may be dismissed pursuant
to HRAP Rule 30; and (8) Appellants 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, July 10, 2008.