Bank of New York as Trustee for the Benefit of the Certificateholders of CWABS 2005-02 v. Batad (Order Dismissing Appeal Pursuant to HRAP Rule 30)

NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER

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NO. 29641

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI‘I

BANK OF NEW YORK AS TRUSTEE FOR THE BENEFIT
OF THE CERTIFICATEHOLDERS OF CWABS 2005-02, Plaintiff-Appellee

v.

MELITON BAGOYO BATAD, and
DWAYNE CONRAD BATAD, Defendants-Appellants,

and

DIRECTOR, DEPARTMENT OF TAXATION,
STATE OF HAWAI‘I, et al., Defendants,
(CIVIL NO. 07-1-0919)

and

MELITON BAGOYO BATAD and
DWAYNE CONRAD BATAD, Appellants-Appellants,

v.

BANK OF NEW YORK, AS TRUSTEE FOR THE BENEFIT
OF THE CERTIFICATEHOLDERS OF CWABS 2005-02 BY COUNTRYWIDE
HOME LOANS, INC., a New York Corporation, As Attorney-In-Fact,
COUNTRYWIDE HOME LOANS, INC., a New York Corporation,
Appellees-Appellees,

and

NAFETALAI FINAU and ANA MANU FINAU, husband and wife,
Appellees
(CIVIL NO. 07-1-0934)

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT

ORDER DISMISSING APPEAL PURSUANT TO HRAP RULE 30

(By: Foley, Presiding Judge, Fujise and Leonard, JJ.)

Upon review of the record, it appears that: (1) on February 6, 2009, Defendants-Appellants Meliton Bagoyo Batad and Dwayne Conrad Batad (Appellants) filed a notice of appeal; (2) on April 7, 2009, the appellate clerk filed a notice of entering case on calendar and notified Appellants the jurisdictional statement was due on April 17, 2009 and the opening brief was due on May 17, 2009; (3) Appellants filed the jurisdictional statement, but they did not file the opening brief; (4) on May 29, 2009, the appellate clerk informed Appellants: (a) the time for filing the opening brief expired; (b) the matter would be called to the attention of the court on June 5, 2009 for such action as the court deemed proper; and (c) the appeal may be dismissed pursuant to HRAP Rule 30; and (4) Appellants 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 24, 2009.