NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER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