NO. 25481


IN THE SUPREME COURT OF THE STATE OF HAWAI`I


DONALD ROBERT KENNEDY, JR.,
Petitioner/Plaintiff-Appellee,


vs.


SHERYL MARIE CHING,
Respondent/Defendant-Appellant.


CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS
(FC-D NO. 97-185K)




ORDER DISMISSING CERTIORARI PROCEEDING
(By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy JJ.)

Upon further consideration of the records and files in this case, it appears that the writ of certiorari herein was improvidently granted. Therefore,

IT IS HEREBY ORDERED that this certiorari proceeding is dismissed.

DATED: Honolulu, Hawai`i, March 10, 2005.


Charles T. Kleintop
and Dyan M. Medeiros
for petitioner/plaintiff-
appellee on the writ

Peter Van Name Esser
and Ira Leitel for
respondent/defendant-
appellant in response