NOT FOR PUBLICATION IN WEST'S HAWAI`I REPORTS AND PACIFIC REPORTER


NO. 28039







IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI`I







RANDOLPH J. AMEN; "FRISCO"; a canine service animal,
Plaintiffs-Appellants/Cross-Appellees,
v.
LISA MALMBERG; McCULLY ASSOCIATES,
Defendants-Appellees/Cross-Appellants







APPEAL FROM THE DISTRICT COURT OF THE FIRST CIRCUIT
(CIVIL NO. 1RC06-1-0906)





ORDER DISMISSING APPEAL
(By: Burns, C.J., Lim and Foley, JJ.)

Upon consideration of the Notice of Suggestion of Death Upon the Record filed by Defendant-Appellee McCully Associates, the papers in support, and the records and files herein, it appears that: (1) according to the copy of the obituary submitted by Defendant-Appellee, Plaintiff-Appellant Randolph J. Amen passed away on December 29, 2006; (2) pursuant to HRAP Rule 43(a), if a party dies while an appeal is pending in the appellate court, the court may substitute the personal representative of the deceased party as a party on motion filed by the representative or by any party, and if a deceased party has no representative, any party may suggest the death on the record, and proceedings shall be had as the appellate court shall direct; (3) no motion for substitution has been filed. Therefore,

IT IS HEREBY ORDERED that the appeal is dismissed pursuant to HRAP Rule 43(a).

Dated: Honolulu, Hawai`i, February 8, 2007.