NO'I` FOR PUBLICATION IN VVEST'S HAW`AI"I REPOR'I`S AND PACI.FIC REP()RTER NO. 3005O IN THE INTERMEDIATE COURT OF APPEALS oF THE sTATE oF HAwA:T GERALD M. STEHURA, Plaintiff~App@llee,

v. ROBERT KELIIHOOMALU, JR., et al., Defendants-Appellants APPEAL FR0M THs cIRcU:T coURT oF THE TH:Rn c:RcUiT <cIvIL No. 07~i-0101) ORDER DISMISSING APPEAL PURSUANT TO_HRAP RULE 30 (By; Nakamura, C.J., Foley and Fujise, JJ.)

Upon review of the record, it appears that: (l) on September lO, 2009, Defendant-Appellant Robert Keliihoomalu, Jr. (Appellant) filed a notice of appeal; (2) on November 9, 2009, the appellate clerk filed a notice of entering case on calendar and notified Appellant the jurisdictional statement was due on November 19, 2009 and the opening brief was due on December l9, 2009; (3) Appellant did not file the jurisdictional statement or the opening brief; (4) on December 28, 2009, the appellate clerk informed Appellant: (a) the time for filing the jurisdictional statement and the opening brief had expired; (b) the matter would be called to the attention of the court on January 4, 2010 for such action as the court deemed proper; and (c) the appeal may be dismissed pursuant to Hawafi Rules of Appellate Procedure (HRAP) Rule 30; (5) Appellant did not file the jurisdictional statement or the opening brief; and (6) Appellant did not seek relief from default. Therefore, NOT F()R PIIBLICATION I`N WEST'S HAWAI‘I RILPORTS A,N]) PACIFIC R.EP()RTER IT IS HEREBY ORDERED that the appeal is dismissed pursuant to HRAP Rule 30.

DATED: Honolulu, HawaiHq F9bfUaYY 23' 20lO~ Chief Judge Q,a~//z °”°‘ Associate Judge ¢.{.»,@f~ " Associate Judge