NOT FOR PUBLlcATloN 1N WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER j j NO. 3025e J:N THE INTERMEDIATE coURT oF APPEALS oF THE STATE. oF HAWAI‘I URGENT cARE MAUI, INc.,' Plaintiff-Appellee, V .

ROGER-BRYNER, Defendant-Appellant

399 =zs war 21 ,zvuawz DISTRICT COURT OF THE SECOND CIRCUIT APPEAL FROM THE ' (DC-CV NO. 09-l-l605) ORDER DISMISSING APPEAL PURSUANT TO HRAP RULE 30 (By: Nakamura, C.J., Foley and Leonard, JJ.)

Upon review of the record, it appears that: (l) Defendant-Appellant Roger Bryner (Appellant) filed a notice (2) on February 22, 20lO, the of appeal on December 22, 2009; appellate clerk filed a notice of entering case on calendar and notified Appellant the jurisdictional statement was due on March 4, 2010 and the opening brief was due on April 3, 20lO; (3) Appellant did not file the statement of jurisdiction or the opening brief; (4) on April 9, 20lO, the appellate clerk informed Appellant that (a) the time to file the statement of jurisdiction and the opening brief expired; (b) the matter would be brought to the attention of the court on April l6, 2010 for such action as the court deems proper; and (c) the appeal may be dismissed pursuant to HRAP Rule 30; and (5) Appellant did not file the statement of jurisdiction and opening brief or seek relief from default. Therefore, "O~B `!§~;J NOT FOR PUBLICATION I`N WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER IT is HEREBY oRDERED that the appeal is dismissed pursuant to HRAP Rule 30.

DATED: Honolulu, HawaiUq May l2, 20lO.

Chief Judge Js%zl; Associate Judge