NO. 23093



IN THE SUPREME COURT OF THE STATE OF HAWAII



______________________________________________________________________________



MOSES AHUNA, et al., Plaintiffs-Appellees,



vs.



EARL DELEON, Defendant-Appellant,



and



MRS. WILLIAM WILIA KAIKAKA, et al., Defendants-Appellees.

______________________________________________________________________________





APPEAL FROM THE THIRD CIRCUIT COURT

(CIV. NO. 1744)





ORDER DISMISSING APPEAL

(By: Moon, C.J., Levinson, Nakayama

Ramil, and Acoba, JJ.)



Upon review of the record, it appears that the supreme court clerk's office, by letter dated July 26, 2000, informed Defendant-Appellant Earl DeLeon that the time for filing the opening brief expired on July 3, 2000 and that pursuant to Rule 30 of the Hawaii Rules of Appellate Procedure the matter would be called to the attention of the court for such action as the court deemed proper, including dismissal of the appeal. Appellants have failed to file the opening brief; therefore,

IT IS HEREBY ORDERED that the appeal is dismissed.

DATED: Honolulu, Hawaii, August 21, 2000.