*** NOT FOR PUBLICATION ***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.