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Anne Caprio Shovic v. Wayne Arthur Whistler

IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAII


July 13, 2011

ANNE CAPRIO SHOVIC,
PLAINTIFF-APPELLEE,
v.
WAYNE ARTHUR WHISTLER, DEFENDANT-APPELLANT

APPEAL FROM THE FAMILY COURT OF THE FIRST CIRCUIT (FC-D NO. 07-1-0100)

NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS OR THE PACIFIC REPORTER

ORDER DISMISSING APPEAL PURSUANT TO HRAP RULE 30

(By: Nakamura, C.J., Foley and Reifurth, JJ.)

Upon review of the record, it appears that:

(1) Defendant-Appellant Wayne Arthur Whistler (Appellant) filed a notice of appeal on January 10, 2011; (2) the record on appeal was filed on March 3, 2011, and the appellate clerk filed a notice of entering case on calendar informing Appellant that the jurisdictional statement was due on March 14, 2011 and the opening brief was due on April 12, 2011; (3) Appellant did not thereafter file either document; (4) on June 14, 2011, the appellate clerk provided notice to Appellant that: (a) the time to file the jurisdictional statement and the opening brief expired; (b) the matter would be called to the attention of the court on June 21, 2011; and (c) the appeal may be dismissed pursuant to Hawaii Rules of Appellate Procedure (HRAP) Rule 30; and (5) Appellant did not therafter file the jurisdictional statement or the opening brief, and did not seek relief from default. Therefore,

NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS OR THE PACIFIC REPORTER

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

Chief Judge

Associate Judge

Associate Judge

20110713

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