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DePonte v. County of Hawai'i

Intermediate Court of Appeals of Hawaii

December 17, 2013

JAMES DePONTE, II, Claimant-Appellant,
v.
COUNTY OF HAWAI'I, DEPARTMENT OF ENVIRONMENTAL MANAGEMENT, Eraployer/Self-Insured-Appellee

NOT FOR PUBLICATION IN WEST'S HAWAI'I REPORTS AND PACIFIC REPORTER

APPEAL FROM LABOR AND INDUSTRIAL RELATIONS APPEALS BOARD (AB NO. 2011-122(H)(1-10-00664))

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 June 13, 2013, Claimant-Appellant James DePonte, II (Appellant), pro se, filed a notice of appeal;

(2) The record on appeal was filed on September 11, 2013, and the appellate clerk informed Appellant that, among other things, the opening brief was due by October 21, 2013;

(3) Appellant did not file the opening brief;

(4) 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

(5) 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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