NO. 24510

IN THE SUPREME COURT OF THE STATE OF HAWAI`I


FEDERAL HOME LOAN MORTGAGE CORPORATION, Plaintiff-Appellee,

vs.

WILLIAM KAIWA AH NEE, III and LISA ANN AH NEE, Defendants-Appellants,

and

JOHN and MARY DOES 1-10, Defendants.

APPEAL FROM THE FIRST CIRCUIT COURT
(CIV. NO. 01-1-1543)


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

Upon review of the record, it appears that (1) this court informed Appellants by letter dated January 15, 2002, that the time for filing the opening brief expired on December 2, 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 (2) appellants submitted a letter filed on January 22, 2002, indicating that a motion to extend time to file the opening brief would be filed. However, no motion to extend the time to file the opening brief having been filed,

IT IS HEREBY ORDERED that the appeal is dismissed.

DATED: Honolulu, Hawai`i, March 7, 2002.