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Carvalho v. Diane's Cleaning Contractor

Intermediate Court of Appeals of Hawaii

December 17, 2013

MARY A. CARVALHO, Claimant-Appellant,
v.
DIANE'S CLEANING CONTRACTOR, Employer-Appellee, and HAWAI'I EMPLOYERS' MUTUAL INSURANCE CO., Insurance Carrier-Appellee

NOT FOR PUBLICATION IN WEST'S HAWAI'I REPORTS AND PACIFIC REPORTER

APPEAL FROM THE LABOR AND INDUSTRIAL RELATIONS APPEALS BOARD, CASE NO. AB 2010-111, M, 7-07-03343

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

ORDER DISMISSING APPEAL PURSUANT TO HRAP RULE 30

Upon review of the record, it appears that:

(1) On February 10, 2012, Claimant-Appellant Mary A. Carvalho (Appellant) filed a notice of appeal;

(2) The record on appeal was filed April 5, 2012, and the appellate clerk informed Appellant that, among other things, the opening brief was due by May 15, 2012;

(3) Thereafter, Appellant received thirteen extensions of time for the opening brief, with the most recent order, filed August 21, 2013, extending the due date to October 14, 2013, and indicating that no further extensions would be granted;

(4) Appellant did not file an opening brief;

(5) On November 12, 2013, the appellate clerk informed Appellant that the time for filing the opening brief had expired and, pursuant to Hawai'i Rules of Appellate Procedure Rule 30, the matter would be called to the court's attention on November 22, 2013, for such action as the court deems proper, which could include dismissal; and

(6) Thereafter, Appellant did not file the opening brief, or respond to the notice of default.

Therefore, IT IS HEREBY ORDERED-that the appeal is dismissed.


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