NO. 23503
IN THE SUPREME COURT OF THE STATE OF HAWAII
THOMAS T. ENOMOTO, Plaintiff-Appellant/Cross-Appellee
vs.
WAIKIKI PLAZA HOTEL PARTNERS, BANKING CO., LTD.,
a Hawaii limited partnership, BRADLEY HOLDINGS, LTD.,
a Delaware corporation, OTAKE HOLDINGS, INC., a Hawaii
corporation, HOTEL PARTNERS, INC., Defendants-Appellees
and
MITSUI TRUST & BANKING CO., LTD.,
CHAD GRIFFITH, Defendants-Appellees/Cross-Appellants
and
JOHN DOES 1-50, JANE DOES 1-50, DOE PARTNERSHIPS 1-50, DOE ENTITIES
1-50, DOE GOVERNMENTAL ENTITIES 1-50, Defendants
APPEAL FROM THE FIRST CIRCUIT COURT
(CIV. NO. 97-3352)
AMENDED
ORDER DISMISSING APPEAL
(By: Levinson, Acting C.J., Nakayama,
Ramil, and Acoba, JJ., and Circuit Judge
Wilson, in Place of Moon, C.J., Recused (1))
Upon review of the record, it appears
that: (1) this court informed Cross-Appellants Mitsui Trust & Banking
Co., Ltd. and Chad Griffith, and Appellant Thomas Enomoto, by letters dated
February 12, 2001 and March 2, 2001, respectively, that the time for filing
their respective opening briefs expired on December 15, 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; (2) by letter dated February
15, 2001, cross-appellants informed the court that they had no objections
to dismissal of the cross-appeal if the appeal is also dismissed; (3) by
letter dated March 6, 2001, appellant informed the court that he had no
objections to dismissal of the appeal and cross-appeal herein. Therefore,
IT IS HEREBY ORDERED that the appeal and
cross-appeal are dismissed.
DATED: Honolulu, Hawaii, March 28, 2001.
1. The March 21,
2001 "Order Dismising Appeal" listed, and, therefore, was inadvertently
signed by Chief Justice Moon, who was recused from the case, rather than
by substitute justice Wilson, who was assigned as a substitute justice
on October 4, 2000.