***
NOT FOR PUBLICATION ***
NO. 27347
IN THE
SUPREME COURT OF THE STATE OF HAWAI`I
RODNEY
WESLEY BOTELHO, Plaintiff-Appellee
vs.
JUDY
ANN HARTEY, Defendant-Appellant
APPEAL FROM THE FIRST CIRCUIT COURT
(FC-D NO.
01-1-2614)
ORDER
DISMISSING APPEAL
(By: Nakayama, J., for the court (1))
Upon review of the record, it appears
that
this court informed Appellant by letter dated October 28, 2005, that
the time
for filing the opening brief expired on October 18, 2005, and that,
pursuant to Rule 30 of the Hawai`i Rules of Appellate
Procedure, the matter would be called to the attention of the court for
such action as the court deemed proper including
dismissal of the appeal. Appellant having failed to respond to said
letter or to otherwise oppose dismissal,
IT IS HEREBY ORDERED that the appeal is
dismissed.
DATED: Honolulu, Hawai`i, December 8, 2005.
1. Considered by:
Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.