NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER
NO. 28968
IN THE INTERMEDIATE COURT OF APPEALS
OF THE STATE OF HAWAI‘I
KEA‘AU
HOUSING FOUNDATION, INC., Plaintiff-Appellee,
v.
DAVID
SHINN, Defendant-Appellant.
APPEAL FROM THE DISTRICT COURT OF THE THIRD CIRCUIT
(CIV. NO. 3RC-07-1-408)
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)
Defendant-Appellant David Shinn (Appellant) filed a notice of appeal on
January 22, 2008; (2) on March 24, 2008, the appellate clerk filed a
notice of
entering case on calendar and notified Appellant the jurisdictional
statement was
due on April 3, 2008 and the opening brief was due on May 3, 2008; (3)
Appellant
filed the statement of jurisdiction; (4) on April 24, 2008, Appellant
obtained a
clerk's extension and the opening brief became due on June 4, 2008; (5)
Appellant
did not file the opening brief; (6) on June 23, 2008, the appellate
clerk informed Appellant that: (a) the time
for filing the opening brief expired; (b) the matter would be brought
to the
attention of the court on June 30, 2008 for such action as the court
deems proper;
and (c) the appeal may be dismissed pursuant to HRAP Rule 30; and (6)
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, September 10, 2008.