NO. 24156


IN THE SUPREME COURT OF THE STATE OF HAWAI`I


EVE SZELIGA MORAWSKI, Plaintiff-Appellee


vs.

THOMAS ADAM MARZEC, Defendant-Appellant

and

MICHAEL MORAWSKI, Appellee


APPEAL FROM THE FIRST CIRCUIT COURT
(FC-D NO. 98-1976)

ORDER DISMISSING APPEAL
(By: Moon, C.J., Levinson, Nakayama, Ramil, and Acoba, JJ.)

Upon review of the record, it appears that this court informed Appellant Thomas Adam Marzec by letter dated February 8, 2002 that the time for filing the opening brief expired on January 28, 2002 and that, pursuant to Rule 30 of the Hawai`i 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. Appellant having failed to respond to said letter or to otherwise oppose dismissal,

IT IS HEREBY ORDERED that the appeal is dismissed.

DATED: Honolulu, Hawai`i, March 28, 2002.