NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER


NO. 29298





IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI‘I





JULIETTE STINE, Plaintiff-Appellee, v.
BRUCE STINE, Defendant-Appellant





APPEAL FROM THE FAMILY COURT OF THE FIFTH CIRCUIT
(FC-D NO. 98-0223)





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 August 8, 2008, Defendant-Appellant Bruce Stine (Appellant) filed a notice of appeal; (2) on October 7, 2008, the appellate clerk filed a notice of entering case on calendar and notified Appellant the statement of jurisdiction was due on October 17, 2008 and the opening brief was due on November 16, 2008; (3) Appellant did not file the statement of jurisdiction or the opening brief; (4) on November 28, 2008, the appellate clerk informed Appellant: (a) the time for filing the statement of jurisdiction and the opening brief expired; (b) the matter would be called to the attention of the court on December 5, 2008 for such action as the court deemed proper; and (c) the appeal may be dismissed pursuant to HRAP Rule 30; and (5) Appellant did not file the statement of jurisdiction or 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 18, 2008.