NOT FOR PUBLICATION IN WEST'S HAWAI`I REPORTS AND PACIFIC REPORTER


NO. 27751




IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI`I





STATE OF HAWAI`I, Plaintiff-Appellee, v.
LAURA M. KAUWE, Defendant-Appellant, and
ABRAHAM K. KAUWE, JR., Defendant-Appellant






APPEAL FROM THE CIRCUIT COURT OF THE THIRD CIRCUIT
(Cr. No. 04-1-0062)





ORDER
(By: Foley, Presiding Judge, Nakamura and Fujise, JJ.)

Upon consideration of: (1) Plaintiff-Appellee State of Hawai`i's (State) motion for reconsideration of the July 24, 2007 Order of Dismissal; (2) Plaintiff-Appellee State of Hawai`i's response to the order to show cause; and (3) Defendant-Appellant Laura Kauwe's (Kauwe) response to the order to show cause, it appears that: (1) Kauwe died on April 30, 2007 and (2) according to Kauwe's attorney, Kauwe's family members did not express interest in continuing the appeal. Therefore,

IT IS HEREBY ORDERED that the motion for reconsideration is granted and the order of dismissal is vacated. See State v. Makaila, 79 Hawai`i 40, 45-46, 897 P.2d 967, 972-973 (1995).

IT IS FURTHER ORDERED that within ten days from the date of this order, James S. Tabe, counsel for Kauwe, shall file either: (a) a motion to substitute Kauwe's personal representative or her counsel in place of Kauwe or (b) a motion for dismissal of Kauwe's appeal.

IT IS FINALLY ORDERED that counsel for the State and counsel for Kauwe are admonished to carefully review the rules of court and to review their own documents for accuracy and completeness before filing. No further action on the Order to Show Cause will be taken.

DATED: Honolulu, Hawai`i, August 22, 2007.


On the motion:

Gary K. Senaga,
Deputy Attorney General,
for Plaintiff-Appellee