Gualdarama v. State

• Court: Hawaii Intermediate Court of Appeals
• Decided: January 22, 2010
• Docket: 29074
• Status: Published

Opinion

NOT 'FO`R PUBLI'CA'I"I_ON IN WEST'S I~IAWAI‘I R.EPO'RTS AN]) PAC'I.F!C REP()RTER

NO. 29074

,r §§ IN THE INTERMEDIATE COURT CF APPEALS §§ co 3

oF THE sTATE oF HAwA:fr §§ ap

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GENARO GUALDARAMA, Petitioner-Appellant, §§ §§

STATE OF HAWAfl, Respondent~Appellee. 55 as 90 ca

APPEAL FRoM was c:RcU:T coURT oF THE F:RsT c:RcU:T

ORDER DISMISSING APPEAL PURSUANT TO HRAP RULE 30 C.J., Foley and Leonard, JJ.)

(By: Nakamura, it appears that:

Upon review of the record, Petitioner-Appellant Genaro Gualdarama (Appellant) filed a

2008; (2) On May l6, 2008, the

(l) notice of appeal on March l7, appellate clerk filed a notice of entering case on calendar and

notified Appellant the jurisdictional statement was due on 2008;

and the opening brief was due on June 25,

May 26, 2008,

after the court granted Appellant two extensions of time, 2008;

(3) Appellant filed the jurisdictional statement on August 28,

(4) the court granted Appellants numerous extensions of time to

(5) after the last extension, the brief

file the opening brief; (6) Appellant did not file the

2009; 2009, the

became due October l5, (7) on October 23,

opening brief on the due date; the time to file the

(a>

appellate clerk informed Appellant: (b) the matter would

opening brief expired on October l5, 2009;

be brought to the attention of the court on October 30, 2009 for and (c) the appeal may be

such action as the court deems proper; dismissed pursuant to Hawafi Rules of Appellate Procedures (HRAP) Rule 30; (8) Appellant did not file the opening brief or

seek relief from default. Therefore,

NO’I` ‘F()R PLFB_LI(JATION IN` WES'I"S HA.\‘\/Afl"lf REPORTS ANI) PACIFIC RIBP()R'I`F,}Z IT 18 HEREBY ORDERED that the appeal is dismissed purSuant to HRAP Rule 30.

DATED: H0n0lulu, Hawai‘i, January 22, 2010.

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Chief Judge

@&@/rw“ Ass0ci.te Judge AN._ m

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