NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER


NO. 29329





IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI‘I





STATE OF HAWAI‘I, Plaintiff-Appellee, v.
JAMES KALILI, Defendant-Appellant




APPEAL FROM THE DISTRICT COURT OF THE THIRD CIRCUIT
(CASE NO. 1514701MH; 3P708-00048)





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 17, 2008, Defendant-Appellant James Kalili (Appellant) filed a notice of appeal; (2) on September 15, 2008, the appellate clerk filed a notice of entering case on calendar and notified Appellant the statement of jurisdiction was due on September 25, 2008 and the opening brief was due on October 25, 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.