Monahn v. Cloninger

• Court: Hawaii Supreme Court
• Decided: February 24, 2010
• Docket: 30004
• Status: Published

Opinion

NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER NO. 30004

IN THE INTERMEDIATE COURT OF APPEALS

oF THE sTATE oF HAwArI

LAURA MoNAHAN, plaintiff-Appel1ee, v. ": 23 vIvIANA cLoN:NcER and BRUcE cLAsPELL, Defendancs-Appe11an;§

APPEAL FRoM THE DIsTRIcT coURT 0F THE THIRD c:RduiT §§ (c:vIL No.»3Rc09-1-026H)

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

Upon review of the record, it appears that: (l) on August 5, 2009, Defendants-Appellants Vivian Cloninger and Bruce Glaspell (Appellants) filed a notice of appeal; (2) on October 5, 2009, the appellate clerk filed a notice of entering case on calendar and notified Appellants that the jurisdictional statement was due on October l5, 2009 and the opening brief was due on November l4, 2009; (3) Appellants did not file the jurisdictional statement or the opening brief; (4) on December 28, 2009, the appellate clerk informed Appellants: (a) the time for filing the jurisdictional statement and the opening brief had expired; (b) the matter would be called to the attention of the court on January 4, 2010 for such action as the court deemed proper; and (c) the appeal may be dismissed pursuant to HawaFi Rules of Appellate Procedure (HRAP) Rule 30; (5) Appellants did not file the jurisdictional statement or the opening brief; and (6) Appellants did not seek relief from default. Therefore,

IT IS HEREBY ORDERED that the appeal is dismissed pursuant to HRAP Rule 30.

b ` DATED: Honolulu, HawaiUq February 24, 20lO.

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Chief Judge

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Associate Judge