***
NOT FOR PUBLICATION ***
NO.
26827
IN THE
SUPREME COURT OF THE STATE OF HAWAI`I
PETER
EHVAN GUSTAV aka EVAN GLAKO, MAUI RUTTEN GLAKO,
Plaintiffs-Appellants
vs.
RICHARD
FOOTE, LINDA FOOTE and LINDA GALVAN, Defendants-Appellees
APPEAL FROM THE DISTRICT COURT OF THE SECOND CIRCUIT
(DC CIV. NO.
DC-04-1-1021)
ORDER
DISMISSING APPEAL
(By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.)
Upon review of the
record, it appears that (1) the supreme court clerk's office informed
Appellants, by letter dated
December 6, 2004, that the record on appeal cannot be filed without
payment of the filing fee pursuant to Rule 3(f) of the
Hawai`i Rules of Appellate Procedure (HRAP) or an executed motion to
proceed in forma pauperis pursuant to HRAP Rule
24 and that the matter would be called to the attention of the court
for such action as the court deemed proper pursuant to
HRAP Rule 11(a), including dismissal of the appeal; and (2) appellants
failed to pay the filing fee or submit a motion to
proceed in forma pauperis; therefore,
IT IS HEREBY
ORDERED that the appeal is dismissed.
DATED: Honolulu,
Hawai`i, December 20, 2004.