*** NOT FOR PUBLICATION ***

NO. 26497



IN THE SUPREME COURT OF THE STATE OF HAWAI`I



DAVID C. RAU, Plaintiff-Appellee


vs.


KATHRYN A.Y. RAU, Defendant-Appellant



APPEAL FROM THE FIRST CIRCUIT COURT
(FC-D NO. 98-1116)


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 June 18, 2004 that the time for filing the statement of jurisdiction expired on May 6, 2004 and the time for filing the opening brief expired on June 5, 2004 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, July 26, 2004.