NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER



NO. 29241






IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI‘I





JOHN DOE, Plaintiff-Appellant, v.
JANE DOE, Defendant-Appellee





APPEAL FROM THE FAMILY COURT OF THE SECOND CIRCUIT
(FC-P NO. 02-1-0281)




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 July 7, 2008, Plaintiff-Appellant John Doe (Appellant) filed a notice of appeal; (2) on September 5, 2008, the appellate clerk filed a notice of entering case on calendar and notified Appellant the statement of jurisdiction was due on September 15, 2008 and the opening brief was due on October 15, 2008; (3) on October 31, 2008, the appellate clerk informed Appellant: (a) the time for filing the opening brief expired; (b) the matter would be called to the attention of the court on November 7, 2008 for such action as the court deemed proper; and (c) the appeal may be dismissed pursuant to HRAP Rule 30; and (4) 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.