IN RE: THE TRUST OF TSUGIO KURIHARA REVOCABLE LIVING TRUST AGREEMENT DATED AUGUST 21

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Intermediate Court of Appeals of Hawai‘i.

IN RE: THE TRUST OF TSUGIO KURIHARA REVOCABLE LIVING TRUST AGREEMENT DATED AUGUST 21, 1997, AS AMENDED AND RESTATED

NO. CAAP-17-0000625

    Decided: February 09, 2018

(By: Leonard, Presiding Judge, and Reifurth and Ginoza, JJ.)

ORDER DISMISSING APPEAL

Upon review of the record, it appears that:

(1) On August 24, 2017, Petitioner-Appellant Ted Kazuo Kurihara (Kurihara) filed the notice of appeal;

(2) On October 11, 2017, the circuit court clerk filed the record on appeal, and the appellate clerk notified the parties that the statement of jurisdiction and opening brief were due on gr before October 23, 2017, and November 20, 2017, respectively;

(3) Kurihara did not file either document or timely request an extension;

(4) On December 7, 2017, Kurihara filed a motion for leave to file a late statement of jurisdiction;

(5) On December 8, 2017, the appellate clerk notified Kurihara that the time for filing the opening brief had expired, the matter would be called to the court's attention that same day for appropriate action, which could include dismissal of the appeal, pursuant to Hawai‘i Rules of Appellate Procedure Rule 30, and Kurihara may request relief from default by motion; and

(6) Kurihara took no further action in this appeal.

Therefore, IT IS HEREBY ORDERED that the appeal is dismissed for failure to file the opening brief.

IT IS FURTHER ORDERED that all pending motions are dismissed as moot.

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