NO. 23128



IN THE SUPREME COURT OF THE STATE OF HAWAII



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DEBORAH Y. MILLER, Plaintiff-Appellee



vs.



JOSEPH R. THAMES, Defendant-Appellant



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APPEAL FROM THE FIRST CIRCUIT COURT

(FC-DA NO. 99-1772)



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 informed Appellant Joseph R. Thames by letter dated May 2, 2000 that the time for filing the statement of jurisdiction expired on April 13, 2000 and by letter dated May 26, 2000 that the time for filing the opening brief expired on May 13, 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. Appellant has not filed the statement of jurisdiction and the opening brief; therefore,

IT IS HEREBY ORDERED that the appeal is dismissed.

DATED: Honolulu, Hawaii, August 21, 2000.