***
NOT FOR PUBLICATION ***
NO. 26875
IN THE
SUPREME COURT OF THE STATE OF HAWAI`I
MATTHEW W.
ROGER, Plaintiff-Appellee
vs.
LILIAN
ROGER, Defendant-Appellant
APPEAL FROM THE FIRST CIRCUIT COURT
(FC-D NO.
03-1-3560)
ORDER
DISMISSING APPEAL
(By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.)
Upon review of the
record, it appears that this court informed Appellant by letter dated
February 28, 2005 that the time for
filing the opening brief expired on January 15, 2005 and that, pursuant
to Rule 30 of the Hawai`i Rules of Appellate
Procedure, the matter would be called to the attention of the court for
such action as the court deemed proper including
dismissal of the appeal. Appellant having failed to respond to said
letter or to otherwise oppose dismissal,
IT IS HEREBY
ORDERED that the appeal is dismissed.
DATED: Honolulu,
Hawai`i, April 12, 2005.