NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER
NO. 29475
IN
THE INTERMEDIATE COURT OF APPEALS
OF
THE STATE OF HAWAI‘I
LESLIE ANN BARLEY, Plaintiff-Appellant, v.
JEFFREY SCOTT BARLEY, Defendant-Appellee
APPEAL FROM THE FAMILY COURT OF THE THIRD CIRCUIT
(FC-D NO. 06-1-0237K)
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 November 21, 2008,
Plaintiff-Appellant Leslie Ann Barley (Appellant) filed a notice of
appeal; (2) on
February 17, 2009, the appellate clerk filed a notice of entering case
on
calendar and notified Appellant the jurisdictional statement was due on
February
27, 2009 and the opening brief was due on March 29, 2009; (3) Appellant
filed
the jurisdictional statement; (4) on April 27, 2009, the court granted
a motion
to reset the briefing schedule and the opening brief became due on June
15,
2009; (5) on June 26, 2009, 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 July 6, 2009 for such action as
the
court deemed proper; and (c) the appeal may be dismissed pursuant to
HRAP Rule
30; and (6) 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, July 29, 2009.