NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER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