NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER
NO. 29134
IN
THE INTERMEDIATE COURT OF APPEALS
OF
THE STATE OF HAWAI‘I
TIMOTHY
E. BATES, Claimant-Appellant/Appellee,
v.
KEVIN M. HUGHES, dba SOUTH PACIFIC
PAINTING,
Employer-Cross-Appellant/Delinquent-Appellant,
and
ALOHA PAINTING,
Employer-Appellee/Delinquent-Appellee,
and
SPECIAL COMPENSATION FUND,
Appellee-Appellee.
APPEAL FROM THE LABOR AND INDUSTRIAL
RELATIONS APPEALS BOARD
(CASE NO. AB 2005-441(M) (7-04-03265)(7-04-02843))
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)
Claimant-Appellant Timothy E. Bates (Appellant) filed a notice of
appeal on
April 28, 2008; (2) on June 27, 2008, the appellate clerk filed a
notice of
entering case on calendar and notified Appellant the jurisdictional
statement was
due on July 7, 2008 and the opening brief was due on August 6, 2008;
(3) Appellant
did not file the jurisdictional statement or the opening brief; (4) on
August 14,
2008, the appellate clerk informed Appellant that: (a) the time for
filing the
jurisdictional statement and the opening brief expired; (b) the matter
would be
brought to the attention of the court on August 21, 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 statement of jurisdiction and 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.