Upon consideration of defendants-appellees' motion to dismiss plaintiff-appellant's appeal, the papers in support and in opposition and the record,
IT IS HEREBY ORDERED that the motion to dismiss appeal is denied without prejudice to making the arguments in the answering brief.
DATED: Honolulu, Hawai`i, October 4, 2004.
Valta A. Cook and
Kris A. LaGuire
for defendants-appellees
on the motion
1. Considered by: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.