Opinion
NO. CAAP-12-0001022
06-06-2013
NOT FOR PUBLICATION IN WEST'S HAWAI'I REPORTS AND PACIFIC REPORTER
APPEAL FROM THE CIRCUIT COURT OF THE SECOND CIRCUIT
(CIVIL NO. 07-1-0544(2))
ORDER DISMISSING APPEAL PURSUANT TO HRAP RULE 30
(By: Nakamura, C.J., Foley and Ginoza, JJ.)
Upon review of the record, it appears that:
(1) On November 18, 2012, Defendant-Appellant Bruce White (Appellant), pro se, filed a notice of appeal;
(2) The record on appeal was filed January 18, 2013;
(3) On March 28, 2013, the court extended the due date for the opening brief to May 7, 2013;
(4) Appellant did not file an opening brief;
(5) On May 16, 2013, the appellate clerk informed Appellant that the time for filing the opening brief had expired and, pursuant to Rule 30 of the Hawai'i Rules of Appellate Procedure, the matter would be called to the court's attention on May 27, 2013, for such action as the court deems proper, which could include dismissal; and
Where May 27, 2013, was a legal holiday, the matter was called to the court's attention the next day that was not a Saturday, Sunday, or legal holiday. See HRAP Rule 26(a).
(6) Thereafter, Appellant did not file an opening brief, or respond to the notice of default. Therefore,
IT IS HEREBY ORDERED that the appeal is dismissed.
DATED: Honolulu, Hawai'i, June 6, 2013.
Chief Judge
Associate Judge
Associate Judge