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Romero v. Noel Madamba Contracting, LLC

Intermediate Court of Appeals of Hawaii

September 26, 2013

RAMON ROMERO and CASSIE ROMERO, Respondents/Counter-Petitioners/Appellees,
v.
NOEL MADAMBA CONTRACTING, LLC, Petitioner/Counter-Respondent/Appellee, and A & B GREEN BUILDING, LLC, Counter-Respondent/Appellee and KING Sc KING, ATTORNEYS-AT-LAW, and SAMUEL P. KING, JR., Persons Alleged to Have Knowledge of Judgment Debtor NOEL MADAMBA CONTRACTING, LLC, Appellants

NOT FOR PUBLICATION IN WEST'S HAWAI'I REPORTS AND PACIFIC REPORTER

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (S.P. NO. 12-1-0210)

Nakamura, C.J., Leonard and Reifurth, JJ.

ORDER DISMISSING APPEAL PURSUANT TO HRAP RULE 30

Upon review of the record, it appears that:

(1) On April 15, 2013, Real Party in Interest/Appellant King & King, Attorneys-At-Law, Persons Alleged to Have Knowledge of Judgment Debtor Noel Madamba Contracting LLC, and Real Party in Interest/Appellant pro se Samuel P. King, Jr. (collectively, Appellants), filed a notice of appeal;

(2) The record on appeal was filed on July 15, 2013, and the appellate clerk informed Appellant that the statement of jurisdiction was due by July 25, 2013, and the opening brief was due by August 26, 2013;

(3) Appellants did not file either document;

(4) On September 4, 2013, the appellate clerk informed Appellants 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 September 16, 2013, for such action as the court deems proper, which could include dismissal; and

(5) Thereafter, Appellants 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.


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