NO. 19556


IN THE SUPREME COURT OF THE STATE OF HAWAI`I



BEVERLY K. KOLT, Plaintiff-Appellee

vs.

STEVEN L. KOLT, Defendant-Appellant



APPEAL FROM THE FIRST CIRCUIT COURT
(FC-D NO. 93-0739)

ORDER DISMISSING APPEAL
(By: Moon, C.J., Levinson, Nakayama, Acoba, and Ramil, JJ.)

Upon review of the record, it appears that this appeal was stayed in bankruptcy and the bankruptcy stay was terminated in September 2000. Appellant failed to file his opening brief and was ordered, on March 20, 2002, to show cause by April 2, 2002 why the appeal should not be dismissed for lack of prosecution. The March 20, 2002 order warned that "failure to comply with this order or to show good cause may result in dismissal of the appeal or other sanctions." Appellant has not responded to the March 20, 2002 order. Therefore,

IT IS HEREBY ORDERED that this appeal is dismissed.

DATED: Honolulu, Hawai`i, April 29, 2002.