NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER



NO. 29924





IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI‘I





JOSEPH A. SYLVESTER and FRANCES LEE MOREY-SYLVESTER,
Plaintiffs-Appellees,

v.

TINA YOUNG,
Defendant-Appellant.

_________________________


TINA YOUNG,
Counterclaim/Plaintiff-Appellant,

v.

JOSEPH A. SYLVESTER and FRANCES LEE MOREY-SYLVESTER,
Counterclaim/Defendants-Appellees.





APPEAL FROM THE CIRCUIT COURT OF THE FIFTH CIRCUIT
(CIVIL NO. 03-1-0151)




ORDER GRANTING APPELLANT'S MOTION TO DISMISS APPEAL
(By: Nakamura, C.J., Watanabe and Leonard, JJ.)

Upon consideration of Defendant-Appellant Tina Young's Motion to Dismiss Appeal, the papers in support, and the records and files herein, IT IS HEREBY ORDERED that the motion to dismiss is granted, and this appeal is dismissed pursuant to HRAP Rule 42(b). The parties shall bear their own appellate fees and costs.

DATED: Honolulu, Hawai‘i, October 16, 2009.