*** NOT FOR PUBLICATION ***



NO. 26086


IN THE SUPREME COURT OF THE STATE OF HAWAI`I



MELITA DOMINGO, Plaintiff-Appellant



vs.



ATLANTIS SUBMARINES HAWAII, INC., and ATLANTIS SUBMARINES
HAWAII, L.P., dba ATLANTIS ADVENTURES; JOHN DOES 1-10;
JANE DOES 1-50; DOE PARTNERSHIPS 1-50; DOE CORPORATIONS 1-50;
DOE ENTITIES 1-50; and DOE GOVERNMENTAL UNITS 1-50,
Defendants-Appellees


APPEAL FROM THE FIRST CIRCUIT COURT
(CIV. NO. 00-1-1849)



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

Upon review of the record, it appears that (1) the Supreme Court Clerk's Office informed appellant by letter dated January 30, 2004, that the opening brief was in default; (2) on February 6, 2004, appellant submitted a motion for leave to file late opening brief indicating that the opening brief would be filed on February 9, 2004. No opening brief having been filed,

IT IS HEREBY ORDERED that the appeal is dismissed.

DATED: Honolulu, Hawai`i, March 15, 2004.