IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAII
November 27, 2012
STATE OF HAWAII,
EMERSON BUTAY, DEFENDANT-APPELLANT
APPEAL FROM THE DISTRICT COURT OF THE FIRST CIRCUIT (CASE NO. 1P111-11711)
NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS AND PACIFIC REPORTER
ORDER DISMISSING APPEAL PURSUANT TO HRAP RULE 30
(By: Fujise, Presiding Judge, Reifurth and Ginoza, JJ.)
Upon review of the record, it appears that: (1) on March 30, 2012, Defendant-Appellant Emerson Butay (Appellant), through counsel Jason R. Burks, filed a notice of appeal;
(2) the record on appeal was filed on June 25, 2012, and the appellate clerk informed Appellant that the statement of jurisdiction was due July 5, 2012 and the opening brief was due August 6, 2012;
(3) Appellant did not file either document;
(4) on October 24, 2012, the appellate clerk informed Appellant that:
(a) the time for filing the statement of jurisdiction and the opening brief expired;
(b) pursuant to Rule 30 of the Hawaii Rules of
Appellate Procedure, the matter would be called to the attention of the court on November 3, 2012 for such action as the court deems proper; and
(c) the appeal may be dismissed; and
(5) thereafter, Appellant did not file the statement of jurisdiction and opening brief or respond to the notice of default. Therefore,
IT IS HEREBY ORDERED that the appeal is dismissed.
IT IS FURTHER ORDERED that, within 3 days of the filing of this order, Jason R. Burks, counsel for Defendant-Appellant Emerson Butay, shall file proof of service of this order on his client with this court.
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