Moniz v. Ebisu (Order Dismissing Appeal)

NO. 23487

IN THE SUPREME COURT OF THE STATE OF HAWAII

_____________________________________________________________________________

KELLI MONIZ and JOHN MONIZ, Plaintiffs-Appellants

vs.

ROY EBISU, M.D.; MICHAEL C. C. LING, M.D.; and KAPIOLANI MEDICAL CENTER

AT PALI MOMI, Defendants-Appellees

and

DOE DEFENDANTS 1-20, Defendants

_____________________________________________________________________________

APPEAL FROM THE FIRST CIRCUIT COURT

(CIV. NO. 98-0797)

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 Kelli Moniz and John Moniz by letter dated September 22, 2000 that the time for filing the opening brief expired on September 9, 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.