***NOT FOR PUBLICATION***
NO. 26099
IN THE SUPREME COURT OF THE STATE OF HAWAI`I
KEVIN MILNES, Plaintiff-Appellant
vs.
GEICO EMPLOYEES INSURANCE COMPANY, Defendant-Appellee
and
SEA LAND CSX, Defendant
APPEAL FROM THE FIRST CIRCUIT COURT
(CIV. NO. 00-1-3756)
ORDER
DISMISSING APPEAL
(By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.)
Upon review of the record, it appears
that this court informed Appellant by letter dated January 16, 2004
that the time for filing the opening brief expired
on December 28, 2003 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, February 18,
2004.