*** NOT FOR PUBLICATION ***

NO. 26448



IN THE SUPREME COURT OF THE STATE OF HAWAI`I


TAMARA ANN YAMAGUCHI, Plaintiff-Appellee


vs.

RANDAL MICHITO YAMAGUCHI, Defendant-Appellant


APPEAL FROM THE FAMILY COURT OF THE FIRST CIRCUIT
(FC-D. NO. 00-1-2961)


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 that the time for filing the opening brief expired and that, pursuant to Rule 30 of the Hawaii 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, October 29, 2004.