NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER


NO. 28785





IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI‘I





STATE OF HAWAI‘I, Plaintiff-Appellee,

v.

GEORGE KENNETH KAWAIHOOLANA HOOK, Defendant-Appellant.






APPEAL FROM THE DISTRICT COURT OF THE THIRD CIRCUIT
(3DTC-06-011010(HILO))





ORDER DISMISSING APPEAL PURSUANT TO HRAP RULE 30
(By: Recktenwald, C.J., Watanabe and Nakamura, JJ.)

Upon review of the record, it appears that:

(1) Defendant-Appellant George Kenneth Kawaihoolana Hook filed a notice of appeal on October 5, 2007; (2) on December 4, 2007, the appellate clerk filed a notice of entering case on calendar and notified Appellant the jurisdictional statement was due on December 14, 2007 and the opening brief was due on January 13, 2008; (3) Appellant filed the jurisdictional statement, but he did not file the opening brief; (4) on January 25, 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 February 1, 2008 for such action as the court deems proper; and (c) the appeal may be dismissed pursuant to HRAP Rule 30; and (5) 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, February 12, 2008.