*** NOT FOR PUBLICATION ***

NO. 25781

IN THE SUPREME COURT OF THE STATE OF HAWAI`I



IN THE INTEREST OF DOE CHILDREN:


MALE MINOR, born on September 17, 1996;
FEMALE MINOR, born on February 23, 1998.


APPEAL FROM THE FAMILY COURT OF THE THIRD CIRCUIT
(FC-S 98-0018K)
 

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

Upon review of the record, it appears that (1) the parties previously stipulated to a dismissal of the appeal but the stipulation was not approved, (2) on November 3, 2003, the court ordered appellants to either file the opening brief or file an appropriate dismissal of the appeal within 30 days from the date of the order and were notified that failure to comply with the order may result in sanctions, which may include the dismissal of the appeal. Appellants having failed to comply with the November 3, 2003 order,

IT IS HEREBY ORDERED that the appeal is dismissed.

DATED: Honolulu, Hawai`i, January 20, 2004.