State, Office of Consumer Protection v. Edge Towing and Recovery, LLC

• Court: Hawaii Intermediate Court of Appeals
• Decided: August 17, 2010
• Docket: 30287
• Status: Published

Opinion

LAW L!BHAHY

NOT FOR PUBLICATION ]N WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER

NO. 30287

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAfI

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Plaintiff-Appellee, v. EDGE TOWING AND RECOVERY, LLC§z~a~Hai£’i corporation, Defendant-Appellant

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STATE OF HAWAFI, by its Office of Consumer Prote§j

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CIVIL NO. 09-1-20lO)

ORDER GRANTING PLAINTIFF-APPELLEE STATE OF HAWAfl'S MOTION TO DISMISS APPEAL (By: Nakamura, C.J., Foley and Fujise, JJ.)

Upon consideration of "Plaintiff-Appellee State of Hawaii's Motion to Dismiss the Appeal" of Defendant-Appellant Edge Towing and Recovery, LLC, a Hawaii Corporation, (Appellant), the papers in support, and the records and files herein, it appears that: (l) on January l2, 20l0, Abraham Fu, a non- attorney who is not a party in this case, filed a notice of appeal on behalf of Appellant; (2) the State now moves to dismiss this appeal because Abraham Fu, who is listed as an agent for Appellant, filed the notice of appeal; (3) in Oahu Plumbing & Sheet Metal Ltd. v. Kona Constr., 60 Haw. 372, 590 P.2d 570 (1979), the supreme court held, except in limited circumstances not applicable in this case, that a corporation may be represented only by an attorney and that non-attorney agents are not allowed to represent corporations in litigation before the courts of the State. Oahu Plumbing, 60 Haw. at 376-77, 590 P.2d at 573; (4) on July 30, 20l0, the appellate clerk informed Appellant that: (a) the time to file the statement of jurisdiction and the opening brief eXpired; (b) the matter would be called to the attention of the court 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)

Appellant did not respond to the motion to dismiss appeal or the

NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER

default letter; (6) Appellant did not file the statement of jurisdiction or the opening brief; and (7) based upon the facts of this case, dismissal is appropriate. Therefore,

:T is HERsBY 0RDERED that the motion to dismiss is

granted, and this appeal is dismissed

DATED: Honolulu, Hawafi, August 17, 20lO.

On the motion:

Jeffrey E. Brunton, §§ '}{7:;zz;é;z>7Llb*`_~

for Plaintiff-Appellee. Chief Judge

Ms@

Associate Judg

Associate Judge