***
NOT FOR PUBLICATION ***
NO. 27185
IN THE
SUPREME COURT OF THE STATE OF HAWAI`I
MARK
NICHOLAS SYDNEY CHIN and JEANIE CHI HYON CHIN,
Plaintiffs-Appellees
vs.
DIANE
KELLY LEILANI DALIT, aka DIANE KELLY LEILANI MACHADO, and
ANETI SUA PEDRO, Defendants-Appellants
and
EDGAR
DEAN DALIT, and JOHN DOES 1-50; JANE DOES 1-50, Defendants
APPEAL FROM THE FIRST CIRCUIT COURT
(CIV. NO.
04-1-2040)
ORDER
DISMISSING APPEAL
(By: Nakayama, J., for the court (1))
Upon review of the record, it appears
that this court informed Appellants by letter dated November 4, 2005,
that the time
for filing the statement of jurisdiction expired on September 26, 2005,
and the time for filing the opening brief expired on
October 26, 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. Appellants
responded by letter dated November 14, 2005 that they would be filing a
motion to dismiss appeal because the appeal was
premature. No statement of jurisdiction and opening brief, or motion to
dismiss having been filed,
IT IS HEREBY ORDERED that the appeal is
dismissed.
DATED: Honolulu, Hawai`i, December 8, 2005.
1. Considered
by:
Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.