NO. 27193

IN THE SUPREME COURT OF THE STATE OF HAWAI`I

SUZIE LUM, Plaintiff-Appellant


vs.


CITY AND COUNTY OF HONOLULU, a government entity,
Defendant-Appellee


and


JOHN DOES 1-10; JANE DOES 1-10; DOE PARTNERSHIPS,
CORPORATIONS and/or OTHER ENTITIES 1-10, Defendants


and


CITY AND COUNTY OF HONOLULU,
Defendant and Third-Party Plaintiff-Appellee


vs.


VERIZON HAWAII, INC. and STANDARD ELECTRIC, INC.,
Third-Party Defendants


APPEAL FROM THE FIRST CIRCUIT COURT
(CIV. NO. 02-1-1047)




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

Upon consideration of Defendant-Appellee City and County of Honolulu's motion to dismiss the appeal of Plaintiff-Appellant Suzie Lum due to Appellant's failure to file an opening brief, the papers in support, and the records and files herein, it appears Appellant failed to file an opening brief as required by HRAP Rule 28(b). Therefore,

IT IS HEREBY ORDERED that the motion to dismiss is granted, and this appeal is dismissed pursuant to HRAP Rule 30. The parties shall bear their own appellate fees and costs.

DATED: Honolulu, Hawai`i, November 25, 2005.


Richard D. Lewallen,
Deputy Corporation Counsel,
for defendant-appellee
on the motion