NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER
NO.
29190
IN
THE INTERMEDIATE COURT OF APPEALS
OF
THE STATE OF HAWAI‘I
ALEXANDER
& BALDWIN, Plaintiff-Appellee,
v.
HEIRS and/or Assigns of MAIKAULA,
HEIRS and/or Assigns of PAUPAU,
HEIRS and/or Assigns of ALULILILII,
HEIRS and/or Assigns of MIRIAM ILALAOLE,
HEIRS and/or Assigns of KAANE,
HEIRS and/or Assigns of KINOULU,
HEIRS and/or Assigns of KAMAI,
HEIRS and/or Assigns of KEALOHA KAUHALELAU,
HEIRS and/or Assigns of JOHN PAKA;
and ALL WHOM IT MAY CONCERN, Defendants-Appellees,
and
PALANI VAUGHAN, JR.,
Defendant-Appellant.
APPEAL FROM THE CIRCUIT COURT OF THE FIFTH CIRCUIT
(CIVIL NO. 05-1-0105)
ORDER DISMISSING APPEAL PURSUANT
TO HRAP RULE 30
(By: Foley,
Presiding Judge, Nakamura and Leonard, JJ.)
Upon review of the record it appears that: (1) on May 22, 2008,
Defendant-Appellant Palani Vaughn, Jr. (Appellant) filed a notice of
appeal; (2) on July 21,
2008, the appellate clerk filed a notice of entering case on calendar
and notified
Appellant the statement of jurisdiction was due on July 31, 2008 and
the opening
brief was due on August 30, 2008; (3) Appellant filed the statement of
jurisdiction on July 31, 2008; (4) thereafter, the court granted
Appellant three extensions of time to file the
opening brief, and the opening brief became due on December 15, 2008;
(5)
Appellant did not file the opening brief; (6) on December 19, 2008, the
appellate
clerk informed Cross-Appellant the time for filing the opening brief
expired, and
that the matter would be called to the attention of the court on
December 26, 2008
for such action as the court deemed proper and 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, January 5, 2009.