State, Office of Consumer Protection v. Edge Towing and Recovery, LLC ( 2010 )

LAW L!BHAHY
NOT FOR PUBLICATION ]N WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER
NO. 30287
IN THE INTERMEDIATE COURT OF APPEALS
OF THE STATE OF HAWAfI
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ion, 59
Plaintiff-Appellee, v. EDGE TOWING AND RECOVERY, LLC§z~a~Hai£’i
corporation, Defendant-Appellant
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STATE OF HAWAFI, by its Office of Consumer Prote§j
APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT
(CIVIL NO. 09-1-20lO)
ORDER GRANTING PLAINTIFF-APPELLEE
STATE OF HAWAfl'S MOTION TO DISMISS APPEAL
(By: Nakamura, C.J., Foley and Fujise, JJ.)
Upon consideration of "Plaintiff-Appellee State of
Hawaii's Motion to Dismiss the Appeal" of Defendant-Appellant
Edge Towing and Recovery, LLC, a Hawaii Corporation, (Appellant),
the papers in support, and the records and files herein, it
appears that: (l) on January l2, 20l0, Abraham Fu, a non-
attorney who is not a party in this case, filed a notice of
appeal on behalf of Appellant; (2) the State now moves to dismiss
this appeal because Abraham Fu, who is listed as an agent for
Appellant, filed the notice of appeal; (3) in Oahu Plumbing &
Sheet Metal Ltd. v. Kona Constr., 60 Haw. 372, 590 P.2d 570(1979), the supreme court held, except in limited circumstances
not applicable in this case, that a corporation may be
represented only by an attorney and that non-attorney agents are
not allowed to represent corporations in litigation before the
courts of the State. Oahu Plumbing, 60 Haw. at 376-77, 590 P.2d
at 573; (4) on July 30, 20l0, 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 called to the attention of the court for such action as the
court deems proper; and (c) the appeal may be dismissed pursuant
to Hawafi Rules of Appellate Procedure (HRAP) Rule 30; (5)
Appellant did not respond to the motion to dismiss appeal or the
NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER
default letter; (6) Appellant did not file the statement of
jurisdiction or the opening brief; and (7) based upon the facts
of this case, dismissal is appropriate. Therefore,
:T is HERsBY 0RDERED that the motion to dismiss is
granted, and this appeal is dismissed
DATED: Honolulu, Hawafi, August 17, 20lO.
On the motion:
Jeffrey E. Brunton, §§ '}{7:;zz;é;z>7Llb*``_~
for Plaintiff-Appellee.
Chief Judge
Ms@
Associate Judg
Associate Judge