Taniguchi and Associates v. Hinton

LAW LIRAHY NOT FOR PUBLICA'l`ION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER NO. 30l34 IN THE INTERMEDIATE COURT OF APPEALS @B`Ii.;:é oF THE sTATE oF HAWAI‘I MATSUE TANIGUCHI AND ASSOCIATES, Plaintiff-Appel § t, v JOSEPH HINTON, Defendant-Appellee 'APPEAL FROM THE DISTRICT COURT OF THE THIRD CIRCUIT (CIVIL NO. 3RCO9-l-O308K) ORDER DlSMISSING APPEAL PURSUANT TO HRAP RULE 30 (By: Nakamura, C.J., Foley and Leonard, JJ.) Upon review of the record, it appears that: (l) Plaintiff-Appellant Matsue Taniguchi and Associates (Appellant) filed a notice of appeal on October 23, 2009; (2) on December 22, 2009, the appellate clerk filed a notice of entering case on calendar and notified Appellant the jurisdictional statement was due on January l, 2010 and the opening brief was due on January 3l, 20lO; (3) Appellant did not file the jurisdictional statement or the opening brief; (4) on February 4, 2010, the appellate clerk informed Appellant that (a) the time to file the jurisdictional statement and the opening brief expired; (b) the matter would be brought to the attention of the court on February ll, 2010 for such action as the court deems proper; and (c) the appeal may be dismissed pursuant to Hawafi Rules of Appellate Procedure (HRAP) Rule 30; (5) although Appellant wrote to the appellate clerk acknowledging receipt of the letter, Appellant did not file the jurisdictional statement or the opening brief. Therefore, NOT FOR PUBLICATION IN WEST'S I-IAWAI‘I REPORTS.AND PACIFIC REPORTER IT IS HEREBY ORDERED that the appeal is dismissed pursuant to HRAP Rule 30. DATED: Honolulu, Hawafi, Apri1 22, 2010. &,`,“@/ zé¢,,,,».r_ Chief Judge %,J@ Associate Judge -sociate J»d~ §