Stark v. Peros (Order Dismissing Appeal Pursuant to HRAP Rule 30)

NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER

NO. 29219

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI‘I

LANI STARK, Plaintiff-Appellant,

MAKESHTA PEROS, dba MAKESHTA TEMPLE GARDENERS,
Defendant-Appellee.

APPEAL FROM THE CIRCUIT COURT OF THE SECOND CIRCUIT
(CIV. NO. 06-1-0429)

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 Lani Stark (Appellant) filed a notice of appeal on June 27, 2008; (2) on August 26, 2008, the appellate clerk filed a notice of entering case on calendar and notified Appellant the jurisdictional statement was due on September 5, 2008 and the opening brief was due on October 5, 2008; (3) Appellant did not file the jurisdictional statement or opening brief; (4) on October 16, 2008, the appellate clerk informed Appellant: (a) the time to file the jurisdictional statement and opening brief expired; (b) the matter would be brought to the attention of the court on October 23, 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 jurisdictional statement and the opening brief.⁽¹⁾ Therefore,

IT IS HEREBY ORDERED that the appeal is dismissed pursuant to HRAP Rule 30.

DATED: Honolulu, Hawai‘i, November 12, 2008.

1. We note that, on October 2, 2008, Appellant filed pro se a motion to dismiss this appeal, which was denied without prejudice because it was not served on Defendants-Appellees.