NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER
NO. 29275
IN
THE INTERMEDIATE COURT OF APPEALS
OF
THE STATE OF HAWAI‘I
HIDEO MILNE and ATOLL AQUATICS, INC.,
a foreign corporation, Plaintiffs-Appellants,
v.
ELC FOUNDATION, a Hawai‘i Non-Profit
Corporation, and
ELAINE LOUI CHANG, Defendants-Appellees,
and
DOE DEFENDANTS 1-50, Defendants
_________________________
ELC FOUNDATION, a Hawai‘i Non-Profit
Corporation and
ELAINE LOUI, Third-Party Plaintiffs-Appellees,
v.
CONRAD DEPARINI dba Asia Pacific
Distributors,
Third-Party Defendants-Appellees
and
DOE DEFENDANTS 1-50, Third-Party
Defendants
APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT
(CIVIL NO. 04-1-2392)
ORDER DISMISSING APPEAL PURSUANT
TO HRAP RULE 30
(By:
Watanabe, Acting C.J., Foley and Nakamura, JJ.)
Upon review of the record, it appears that: (1) on July 22, 2008,
Plaintiffs-Appellants Hideo Milne and Atoll Aquatics, Inc.
(Appellants) filed a notice of appeal; (2) on January 20, 2009, the
appellate
clerk filed a notice of entering case on calendar and notified
Appellants the
jurisdictional statement was due on January 30, 2009 and the opening
brief was
due on March 1, 2009; (3) Appellants did not file the required
documents; (4) on
March 13, 2009, the appellate clerk informed Appellants: (a) the time
for filing
the statement of jurisdiction and opening brief expired; (b) the matter
would be
called to the attention of the court for such action as the court
deemed proper;
and (c) the appeal may be dismissed pursuant to HRAP Rule 30; (5)
Appellants moved for extensions of time, and on March 30, 2009, the
court granted the motion and extended the jurisdictional statement due
date to
April 15, 2009 and extended the opening brief due date to May 29, 2009;
(6)
Appellants did not file the jurisdictional statement or the opening
brief; (7) on June 5, 2009, the appellate clerk informed Appellants:
(a) the time for filing the statement of jurisdiction and opening brief
expired;
(b) the matter would be called to the attention of the court on June
12, 2009
for such action as the court deemed proper; and (c) the appeal may be
dismissed
pursuant to HRAP Rule 30; (8) Appellants did not file the
jurisdictional statement and 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, July 29, 2009.