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Phillips v. Green Global Communities, Inc.

Intermediate Court of Appeals of Hawaii

June 18, 2013

BRETT PHILLIPS, Plaintiff-Appellee,
v.
GREEN GLOBAL COMMUNITIES, INC., dba HIWIND POWER AND HIEV, Defendant-Appellant

NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS AND PACIFIC REPORTER

APPEAL FROM THE CIRCUIT COURT OF THE SECOND CIRCUIT (CIVIL NO. 12-1-0273(1))

Nakamura, C.J., Foley and Ginoza, JJ.

ORDER DISMISSING APPEAL PURSUANT TO HRAP RULE 30

Upon review of the record, it appears that:

(1) On January 25, 2013, Defendant-Appellant Green Global Communities, Inc. dba HIWIND Power and HIEV (Appellant), filed a notice of appeal;

(2) The record on appeal was filed on March 27, 2013, and the appellate clerk informed Appellant that the statement of jurisdiction was due by April 8, 2013, and the opening brief was due by May 6, 2 013;

(3) Appellant did not file either document;

(4) On May 24, 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 June 3, 2013, for such action as the court deems proper, which could include dismissal; and

(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.


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