NO. 26197

IN THE SUPREME COURT OF THE STATE OF HAWAI`I


JOSEPH R. THAMES, Plaintiff-Appellant

vs.

DEBORAH Y. MILLER, aka DEBORAH YOLANDA MILLER, DEBORAH Y.
RICHARDSON, DEBORAH YOLANDA RICHARDSON, DEBORAH Y. MILLER-
RICHARDSON, DEBORAH YOLANDA MILLER-RICHARDSON, Defendant-Appellee

and

DOES 1 through 500, Inclusive, Defendants


APPEAL FROM THE FIRST CIRCUIT COURT
(CIV. NO. 00-1-1056)

ORDER DISMISSING NOTICE OF APPEAL AND REQUEST FOR FEE WAIVER
(By: Moon, C.J., Levinson, Nakayama, and Duffy, JJ.
and Circuit Judge Wong, in place of Acoba, J. recused)


Upon consideration of the "Notice of Appeal" and "Request for Fee Waiver" filed on May 11, 2004, it appears that the April 13, 2004 order dismissing appeal is not reviewable by way of appeal. Therefore,

IT IS HEREBY ORDERED that the notice of appeal and request for fee waiver are dismissed.

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