NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER


NO. 28506





IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI‘I




I.K., aka I.B., Petitioner-Appellee, v.
L.B., Defendant-Appellant,
and
K.K., and CHILD SUPPORT ENFORCEMENT AGENCY,
Respondents-Appellees.





APPEAL FROM THE FAMILY COURT OF THE FIRST CIRCUIT
(FC-PATERNITY NO. 05-1-1125)





ORDER DISMISSING APPEAL PURSUANT TO HRAP RULE 30

(By: Watanabe, Presiding Judge, Foley and Leonard, JJ.)

Upon review of the record, it appears that:  (1) Defendant-Appellant Loreto Biete (Appellant) filed a notice of appeal on April 20, 2007 and an amended notice of appeal on May 18, 2007; (2) on August 2, 2007, this court granted the motion to withdraw as counsel filed by Appellant's attorney, Eduardo O. Zabanal, Esq.; (3) after counsel withdrew from this appeal, the opening brief became due on September 30, 2007; (4) on August 22, 2007, Appellant, proceeding pro se, moved the court for additional time to prepare the opening brief, and this court extended the opening brief due date to November 30, 2007; (5) Appellant did not file the opening brief; (6) on January 11, 2008, the appellate clerk informed Appellant that: (a) the time to file the opening brief expired; (b) the matter would be brought to the attention of the court on January 18, 2008 for such action as the court deems proper; and (c) the appeal may be dismissed pursuant to HRAP Rule 30; and (7) Appellant 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, March 25, 2008.