NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER


NO. 28975





IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI‘I





JOHN L. HARMAN, LOIS LOVE,
JEFFERY HARMAN, PETER LOVE, and SALLY WARRINGTON,
Plaintiffs-Appellees,


JOHN L. HARMAN, as SPECIAL ADMINISTRATOR
of the ESTATE OF ROBERT F. LOVE,
Plaintiff/Counter Claim Defendant-Appellee,

v.

DEREK JACINTHO, MIKE'S TIRE REPAIR AND SERVICE, INC.,
Defendants/Counter Claimants-Appellants,


JOHN DOES 1-5, JOHN DOE CORPORATIONS 1-5, et al.,
Defendants-Appellees.




APPEAL FROM THE CIRCUIT COURT OF THE SECOND CIRCUIT
(CIVIL NO. 06-1-0331)




ORDER
(By: Recktenwald, C.J., Watanabe and Nakamura, JJ.)

Upon consideration of the "Withdrawal of Appeal, Filed on January 25, 2008," received from Defendants/Counter-Claimants-Appellants Derek Jacintho and Mike's Tire Repair & Service, Inc. (Appellants) on May 29, 2008, and the records and files herein, it appears that Appellants are moving for an order dismissing this appeal pursuant to Hawai‘i Rules of Appellate Procedure Rule 42(b). Accordingly,

IT IS HEREBY ORDERED that Appellants' motion to withdraw appeal is granted, and this appeal is dismissed.

DATED: Honolulu, Hawai‘i, June 12, 2008.