NO. 23060

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAII





                    LOUIS J. PASCARELLA, Claimant-Appellant, v. EARL'S PAINTING
                               & WALLCOVERING, INC., and TIG INSURANCE COMPANY,
                               Employer/Insurance Carrier-Appellees
 
 

APPEAL FROM THE LABOR AND
INDUSTRIAL RELATIONS APPEALS BOARD
(Case No. AB 97-380 (2-96-15555))
 

ORDER GRANTING MOTION FOR DISMISSAL
(By: Burns, C.J., Watanabe, and Lim, JJ.)


Upon consideration of "Claimant-Appellant's Motion for Dismissal and Approval of Attorney's Fees," the arguments in support thereof, and the exhibits attached thereto, filed on April 30, 2001, and "Employer and Insurance Carrier-Appellees' Statement of No Opposition to Claimant-Appellant's Motion for Dismissal and Approval of Attorney's Fees Filed April 30, 2001," filed on May 2, 2001,

IT IS HEREBY ORDERED that:

(1) The appeal is dismissed with prejudice; and

(2) Because Claimant-Appellant's request for fees and costs was previously filed on March 27, 2001 and granted by the court on April 30, 2001, that part of Claimant-Appellant's motion need not be addressed.

DATED: Honolulu, Hawaii, May 8, 2001.
 

David J. Mikonczyk
on the motion.