McKay v. Newby (Order Dismissing Appeal)

*** NOT FOR PUBLICATION ***

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NO. 27443

IN THE SUPREME COURT OF THE STATE OF HAWAI`I

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SHAWN B. McKAY, Plaintiff-Appellant,

vs.

LANCE C. NEWBY and TYLER POTTENGER, Defendants-Appellees

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APPEAL FROM THE FIRST CIRCUIT COURT

(CIV. NO. 03-1-2308)

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 December 9, 2005 that the time for filing the statement of jurisdiction expired on October 20, 2005 and the time for filing the opening brief expired on November 19, 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 file the statement of jurisdiction and the opening brief,

IT IS HEREBY ORDERED that the appeal is dismissed.

DATED: Honolulu, Hawai`i, March 22, 2006.

1.     Considered by: Moon, C.J., Levinson, Nakayama, Acoba and Duffy, JJ.