Spinney v. State, Department of Hawaiian Homelands Commission (Order Dismissing Appeal Pursuant to HRAP Rule 30)

NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER

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NO. 29081

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI‘I

ALFRED SPINNEY, LORRAINE KAMOKU,
fiduciary agents for and on behalf of;
SOLOMON KAMOKU, BETTY JEAN KAMOKU,
a common law copyright trade,
Plaintiffs-Appellants,

v.

STATE OF HAWAI‘I, DEPARTMENT OF HAWAIIAN
HOMELANDS COMMISSION, a de facto administration
and foreign entity, et al.,
Defendants-Appellees.

APPEAL FROM THE CIRCUIT COURT OF THE THIRD CIRCUIT
(CIVIL NO. 07-1-080K)





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) Plaintiff-Appellant Solomon Kamoku (Appellant) filed a notice of appeal on March 31, 2008; (2) on May 30, 2008, the appellate clerk filed a notice of entering case on calendar and notified Appellant the jurisdictional statement was due on June 9, 2008 and the opening brief was due on July 9, 2008; (3) Appellant did not file the opening brief; (4) on July 22, 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 July 29, 2008 for such action as the court deems proper; and (c) the appeal may be dismissed pursuant to HRAP Rule 30; (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, September 10, 2008.