In re A.B., III

• Court: Hawaii Intermediate Court of Appeals
• Decided: January 28, 2010
• Docket: 30007
• Status: Published

Opinion

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APPEAL FROM THE FAMlLY COURT OF THE FIRST CIRCUIT (FC~J NO. OO7l480)

ORDER GRANTING DECEMBERi28, 2009 MOTlON TO DISMISS APPEAL (By: Nakamura, Chief Judge, Foley and Leonard, JJ.)

the December 28, 2009 motion to

30007) filed by Deputy Public III (A.B.),

Upon review of (l) dismiss the instant appeal (No.

Defender Taryn R. Tomasa (Tomasa), counsel for A.B.,

Minor~Appellant; (2) the lack of any response by Petitioner~

Appellee State of Hawafi; and (3) the record, it appears that

although we have appellate jurisdiction over A.B.'s appeal from

the Honorable Karen M. Radius's July l6, 2009 decree adjudicating A.B. as a law violator within the purview of Hawaii Revised

Statutes (HRS) § 571-ll(l) (2006) as to the crime of Harassment, in violation of HRS § 7ll»ll06 (Supp. 2008),

a supporting declaration that it appears A.B. has abandoned

Tomasa, declares in

No. 30007, and, thus, Tomasa prays that we dismiss No. 30007 pursuant to Rule 42(b) of the HawaFi Rules of Appellate Procedure (HRAP). According to Tomasa's declaration, she has

made diligent efforts to communicate with A;B. by way of

certified mail, and A B.’s mother in order to discuss

telephone, whether A.B. wants to obtain appellate review of the July l6, Tomasa declares that A.B. has not responded to her

30007.

2009 decree. communications regarding the issue of No. Despite

diligent efforts, Tomasa has also been unable to locate A.B. for

the purpose of obtaining A.B.'s affidavit or declaration that reflects A.B.'s knowing and intelligent understanding of the

consequences of the dismissal of No. 30007 and that A.B. is

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voluntarily making the withdrawal of No. 30007. Therefore, it appears that Tomasa has complied with the requirements under HRAP Rule 42(c) for the dismissal of No. 30007 pursuant to HRAP Rule 42(b). Accordingly,

lT lS HEREBY ORDERED that the December 2B, 2009 motion by Tomasa to dismiss No. 30007 is granted, and appeal No. 30007 is dismissed.

DATED: Honolulu, HawaFi, January 28, 20l0.

On the motion: Taryn R. Tomasa,

Deputy Public Defender, 6Z;Q7j§?(_;Zi;é;9%%xL4~M~w

for A.B., lII, Minor~Appellant.

Chief Judge

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