Palolo Valley Homes v. Igber (Order Dismissing Appeal Pursuant to HRAOP Rule 30)

NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER

NO. 29489

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI‘I

PALOLO VALLEY HOMES, a Hawai‘i Limited Partnership,
Plaintiff-Appellee,

JOSEPH IGBER, Defendant-Appellant

APPEAL FROM THE DISTRICT COURT OF THE FIRST CIRCUIT
(CIVIL NO. 1RC07-1-7565)

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 24, 2008, Defendant-Appellant Joseph Igber (Appellant) filed a notice of appeal; (2) on January 23, 2009, the appellate clerk filed a notice of entering case on calendar and notified Appellant the statement of jurisdiction was due on February 2, 2009 and the opening brief was due on March 4, 2009; (3) Appellant filed the statement of jurisdiction; (4) Appellant did not file the opening brief; (5) on March 13, 2009, the appellate clerk informed Appellant that: (a) the time for filing the opening brief expired; (b) the matter would be called to the attention of the court for such action as the court deems proper; and (c) the appeal may be dismissed pursuant to HRAP Rule 30; (6) on March 24, 2009, this court granted Appellant's motion for relief from default and extended the opening brief due date to June 20, 2009; (7) the order provided that the court would grant no further extensions of time; (8) although the court indicated it would grant no further extensions of time, on June 15, 2009, Appellant submitted another motion for an enlargement of time to file the opening brief; (9) on June 17, 2009, this court denied the motion; (10) Appellant did not file the opening brief; (11) on June 26, 2009, the appellate clerk informed Appellant that: (a) the time for filing the opening brief expired on June 20, 2009; (b) the matter would be called to the attention of the court on July 6, 2009 for such action as the court deems proper; and (c) the appeal may be dismissed pursuant to HRAP Rule 30; and (12) 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.