NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER



NO. 29042




IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI‘I






DE MONT R. D. CONNER, Plaintiff-Appellant,

v.

DR. CAROL TYLER, and HONOLULU FAMILY THERAPY CENTER,
Defendants-Appellees,

and

DOE INSURANCE COMPANY, Defendants.






APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT
(CIV. NO. 07-1-1810)




ORDER DISMISSING APPEAL
(By: Recktenwald, C.J., Fujise and Leonard, JJ.)

Upon consideration of Defendant-Appellees Carol Tyler and the Honolulu Family Therapy Center's Motion to Dismiss Plaintiff's Appeal and/or to Strike Opening Brief, the papers in support, and the records and files herein, it appears that: (1) Plaintiff-Appellant De Mont R. D. Conner (Appellant) filed a notice of appeal on February 29, 2008; (2) on April 29, 2009, the appellate clerk notified Appellant that the jurisdictional statement was due on May 9, 2008 and the opening brief was due on June 8, 2008; (3) Appellant did not file either document; (4) on June 17, 2008, Appellees filed a motion to dismiss the appeal because Appellant failed to file the opening brief; (5) Appellant did not respond to the motion to dismiss; (6) on June 23, 2008, the appellate clerk informed Appellant that: (a) the time to file the statement of jurisdiction and the opening brief had expired; (b) the matter would be called to the attention of the court on June 30, 2008; and (c) the appeal may be dismissed; and (7) Appellant did not file the statement of jurisdiction or the opening brief and did not seek relief from default. Therefore,

IT IS HEREBY ORDERED that the motion to dismiss the appeal is granted, and this appeal is dismissed.

DATED: Honolulu, Hawai‘i, July 31, 2008.