NO. 23861



IN THE SUPREME COURT OF THE STATE OF HAWAII



TERRITORIAL SAVINGS AND LOAN

ASSOCIATION, Plaintiff-Appellee



vs.



JOSE TUMALE, JR., also known as Jose P.

Tumale, Jr., and CARMELITA PANGILINAN

TUMALE, Defendants-Appellants



and



DENNIS TUMALE and LEILINDA TUMALE, Defendants



and



TRANSAMERICA FINANCIAL SERVICES, INC., and

STATE OF HAWAII DEPARTMENT OF TAXATION, Defendants-Appellees



and



JOHN DOES 1-5; DOE CORPORATIONS 2-5; DOE

GOVERNMENTAL AGENCIES 1-5; DOE PARTNERSHIPS 1-5;

and DOE ENTITIES 1-5, Defendants



APPEAL FROM THE FIRST CIRCUIT COURT

(CIV. NO. 00-1-1381)





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 Jose Tumale, Jr. and Carmelita Pangilinan Tumale by letter dated February 23, 2001 that the time for filing the opening brief expired on February 11, 2001 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, March 13, 2001.