NO. 23410



IN THE SUPREME COURT OF THE STATE OF HAWAII



_____________________________________________________________________________



BANK OF AMERICA, FSB, fka HONOLULUU MORTGAGE COMPANY, INC.,

nka BANK OF AMERICA NATIONAL TRUST & SAVINGS ASSOCIATION,

Plaintiff-Appellee



vs.



ANTHONY LEONILLO UNCIANO and EDNA UNCIANO,

Defendants-Appellants



and



RODNEY COLE OLAIVAR; ELLEN LARITA OLAIVAR; JOHN DOES 1-10;

JANE DOES 1-10; and DOE PARTNERSHIPS, CORPORATIONS

OR ENTITIES 1-20, Defendants

_____________________________________________________________________________





APPEAL FROM THE FIRST CIRCUIT COURT

(CIV. NO. 98-1034)



ORDER DISMISSING APPEAL

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

Ramil, and Acoba, JJ.)

Upon review of the record, it appears that this court informed Appellants Anthony Leonillo Unciano and Edna Unciano by letter dated September 15, 2000 that the time for filing the opening brief expired on September 5, 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; and appellants having failed to respond to said letter or to otherwise oppose dismissal; therefore,

IT IS HEREBY ORDERED that the appeal is dismissed.

DATED: Honolulu, Hawaii, November 3, 2000.