Opinion
NO. CAAP-13-0000013
06-06-2013
STATE OF HAWAI'I, Plaintiff-Appellee, v. DANIEL KAULIA, Defendant-Appellant
NOT FOR PUBLICATION IN WEST'S HAWAI'I REPORTS AND PACIFIC REPORTER
APPEAL FROM THE DISTRICT COURT OF THE SECOND CIRCUIT
(CASE NO. 2DTC-12-015341)
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 January 7, 2013, Defendant-Appellant Daniel K. Kaulia (Appellant), pro se, filed a notice of appeal;
(2) The record on appeal was filed on March 8, 2013, and the appellate clerk informed Appellant that the statement of jurisdiction was due by March 18, 2013, and the opening brief was due by April 17, 2013;
(3) Appellant did not file either document;
(4) On May 16, 2013, the appellate clerk informed Appellant that the time for filing the statement of jurisdiction and 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).
(5) Thereafter, Appellant did not file a statement of jurisdiction or opening brief, or respond to the default notice. Therefore,
IT IS HEREBY ORDERED that the appeal is dismissed.
DATED: Honolulu, Hawai'i, June 6, 2013.
Chief Judge
Associate Judge
Associate Judge