NO. 24853


IN THE SUPREME COURT OF THE STATE OF HAWAI`I


KRIS TAYLOR and CHRIS TAYLOR, Petitioners-Appellees

vs.

TOM SCHMIDT, Respondent-Appellant


APPEAL FROM THE THIRD CIRCUIT COURT
(CASE NO. S.P. 01-106K)


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 by letter dated May 31, 2002 that the time for filing the opening brief expired on May 20, 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, July 2, 2002.