NO. 26591


IN THE SUPREME COURT OF THE STATE OF HAWAI`I


JAYME WOODALL, Plaintiff-Appellant


vs.


LUISA SACHAROV, LUISA ENTERPRISES UNLIMITED, INC. and DOES 1-10,
Defendants-Appellees


and


LUISA SACHAROV, LUISA ENTERPRISES UNLIMITED, INC.,
Third-Party Plaintiffs


vs.


DONNA L. HERBST and REMAX BIG ISLAND LLC,
doing business as REMAX PROPERTIES, Third-Party Defendants



APPEAL FROM THE THIRD CIRCUIT COURT
(CIV. NO. 03-1-0214)



ORDER DENYING MOTION TO DISMISS APPEAL
(By: Duffy, J. for the court (1))

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.