NO. 26228



IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI`I






EMERSON M.F. JOU, M.D., And As To Some Claims, On Behalf Of
The Class Of Other Similarly Situated, Plaintiff-Appellant,

v.

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY AND STATE FARM
GROUP, A Corporation, and MARK E. RECKTENWALD, As The Director,
State of Hawaii Department of Commerce and Consumer Affairs,
Defendants-Appellees,

and

ABC BILL CODER, An Entity, Form Unknown; JOHN DOE 1-50; DOE
ATTORNEYS 1-50; DOE CORPORATIONS 1-10; DOE PARTNERSHIPS 1-10; and
DOE GOVERNMENTAL ENTITIES 1-10, Defendants





APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT
(CIVIL NO. 03-1-1293)




ORDER GRANTING PLAINTIFF-APPELLANT'S MOTION TO DISMISS APPEAL
(By: Watanabe, Presiding Judge, Lim and Fujise, JJ.)

Upon consideration of Plaintiff-Appellant Emerson M.F. Jou, M.D.'s motion to dismiss appeal filed September 8, 2006, the papers in support, and the records and files herein, it appears Appellant no longer wishes to pursue this appeal. Therefore,

IT IS HEREBY ORDERED that the motion to dismiss appeal is granted, and this appeal is dismissed. The parties shall bear their own appellate costs and fees.

DATED: Honolulu, Hawai`i, September 18, 2006.


On the motion:

Stephen M. Shaw
for Plaintiff-Appellant.