NO. 24733



IN THE SUPREME COURT OF THE STATE OF HAWAI`I




JEROME C. HAYES,
Plaintiff-Appellant-Petitioner,


and



ISLAND INSURANCE COMPANY, INC.,
Plaintiff,



vs.



KENNETH J. DUTRO;
HENRY'S EQUIPMENT RENTAL AND SALES, INC.,
Defendants-Appellees-Respondents,



and



JOHN DOES 1-15; JANE DOES 1-15; DOE PARTNERSHIPS 1-15;
DOE CORPORATIONS 1-15; DOE ENTITIES 1-15;
and DOE GOVERNMENTAL UNITS 1-15,
Defendants.



CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS
(CIVIL NO. 00-1-1378)



ORDER DISMISSING CERTIORARI PROCEEDING
(By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.)

Upon further consideration of the records and files in this case, it appears that the writ of certiorari herein was improvidently granted. Therefore,

IT IS HEREBY ORDERED that this certiorari proceeding is dismissed.

DATED: Honolulu, Hawai`i, July 23, 2004.



Preston A. Gima for the
plaintiff-appellant-petitioner
Jerome C. Hayes
on the writ