NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER
NO. 29201
IN
THE INTERMEDIATE COURT OF APPEALS
OF
THE STATE OF HAWAI‘I
ROXANNE RIVERO, Claimant-Appellee, v.
RICHARD SCHIAVI, Respondent-Appellant
APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT
(S.P. NO. 07-1-0080)
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) on June 12, 2008
Respondent-Appellant Richard Schiavi (Appellant) filed a notice of
appeal; (2) on August 11, 2008, the appellate clerk
filed a notice of entering case on calendar and notified Appellant the
jurisdictional statement was due on August 21, 2008 and the
opening brief was due on September 20, 2008; (3) Appellant obtained
an extension of time until October 22, 2008 to file the opening brief;
(4) Appellant filed the jurisdictional
statement on August 20, 2008; (5) Appellant did not file the opening
brief; (6) on November 14, 2008, the appellate clerk informed
Appellant that: (a) the time for filing the opening brief expired; (b)
the matter would be called to the attention of the court on
November 21, 2008 for such action as the court deemed proper; and (c)
the appeal may be dismissed pursuant to HRAP Rule 30; and (7)
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, December 3, 2008.