NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER



NO. 29373







IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI‘I





GERALD PATRICK DURKAN, Plaintiff-Appellee/Cross-Appellant, v.
SUSAN LYNN DURKAN, Defendant-Appellant/Cross-Appellee




APPEAL FROM THE FAMILY COURT OF THE SECOND CIRCUIT
(FC-D NO. 07-1-0190)




ORDER GRANTING MOTION TO DISMISS CROSS-APPEAL
(By: Foley, Presiding Judge, Fujise and Leonard, JJ.)

Upon consideration of Plaintiff-Appellee/Cross-Appellant Gerald Patrick Durkan's Motion to Dismiss Cross-Appeal, the papers in support, and the records and files herein,

IT IS HEREBY ORDERED that the Motion to Dismiss Cross-Appeal is granted, and the cross-appeal is dismissed. The appeal taken by Defendant-Appellant/Cross-Appellee Susan Lynn Durkan remains pending.

DATED: Honolulu, Hawai‘i, April 7, 2009.