NO. 24374

IN THE SUPREME COURT OF THE STATE OF HAWAI`I

LOTS WAKO, INC., Plaintiff-Appellee

vs.

PAULETTE PAONESSA, AMERICAN LAND AND
MINING, LLC, Defendants-Appellants

APPEAL FROM THE DISTRICT COURT OF THE FIRST CIRCUIT
(CIV. NO. 1RC01-2146)


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 Paulette Paonessa and American Land and Mining, LLC, by letter dated January 18, 2002, that the time for filing the statement of jurisdiction expired on July 30, 2001 and that that the time for filing the opening brief expired on August 29, 2001, 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, and Appellants have failed to file the statement of jurisdiction and opening brief or to otherwise oppose dismissal; therefore,

IT IS HEREBY ORDERED that the appeal is dismissed.

DATED: Honolulu, Hawai`i, February 5, 2002.