***
NOT FOR PUBLICATION ***
NO.
26833
IN THE
SUPREME COURT OF THE STATE OF HAWAI`I
ARTHUR
RUDOLPH ASTEL and MARGARET ASTEL, Plaintiffs-Appellees
vs.
MICHAEL
HARVEY JAMES LINDSAY, SUSAN LINDSAY, JOHN DOES 1-5, JANE
DOES 1-5, DOE
CORPORATIONS 1-5, DOE PARTNERSHIPS 1-5 and DOE
GOVERNMENTAL ENTITIES 1-5, Defendants-Appellants
APPEAL FROM THE THIRD CIRCUIT COURT
(CIV. NO.
01-1-0362)
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.