Cross v. Harden

• Court: Hawaii Intermediate Court of Appeals
• Decided: June 3, 2010
• Docket: 30208
• Status: Published

Opinion

LAW L|BHAF

NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER

NO. 30208

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE oF HAWAI‘I‘

DUSTIN CROSS and SANDI ADELE SCHNEIDERMAN, Plaintiffs/Counterclaim Defendants-Appellees,

V.

THERESA ILENE HARDEN, Defendant/Counterclaim Plaintiff-Appellan

and

JOHN DOES 1-lO; et al, Defendants.

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CIVIL NO. O8~l-O263)

ORDER DISMISSING APPEAL PURSUANT TO HRAP RULE 30 (By: Nakamura, C.J., Fujise and Leonard, JJ.)

Upon review of the record, it appears that: (l) on December l, 2009, Defendant-Appellant Theresa Ilene Harden (Appellant) filed a notice of appeal; (2) on February l, 20lO, the appellate clerk filed a notice of entering case on calendar

and notified Appellant the statement of jurisdiction was due on

February ll, 20lO, and the opening brief was due on March l3,

20lO; (3) Appellant filed the statement of jurisdiction on February 11, 20lO; (4) Appellant obtained an extension of time until April l4, 2010 to file the opening brief, but she did not

file the opening brief by that date; (5) on April 22, 2010, the

appellate clerk informed Appellant: (a) the time to file the

opening brief expired; (b) the matter would be called to the

attention of the court on April 29, 2010 for such action as the

court deemed proper; and (c) the appeal may be dismissed pursuant

NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER

to HRAP Rule 30; and (6) Appellant did not file the opening brief or seek relief from default. Therefore,

IT is HEREBY QRDERED that the appeal is dismissed pursuant to HRAP Rule 30. `

DATED: Honolulu, HawaiUq JUne 31 20l0~

&g@f_%eawi,

Chief Judge

Associate Judge

l

A soc1ate dge