NO. 27291

IN THE SUPREME COURT OF THE STATE OF HAWAI`I

JACEK NOWICKI, Plaintiff-Appellant


vs.


UNUM INSURANCE COMPANY; PACIFIC INSURANCE; R.M. TOWILL
CORP.; STATE OF HAWAII DEPARTMENT OF LABOR AND INDUSTRIAL
RELATIONS; CITY AND COUNTY OF HONOLULU DEPARTMENT OF PUBLIC
WORKS; AND JOHN DOES 1-5; JOHN DOE CORPORATIONS 1-5; JOHN DOE
PARTNERSHIPS 1-5; ROE NONPROFIT CORPORATIONS 1-5; AND ROE
GOVERNMENTAL AGENCIES 1-5, Defendants-Appellees


APPEAL FROM THE FIRST CIRCUIT COURT
(CIV. NO. 03-1-0743)


ORDER
(By: Moon, C.J., Levinson, Nakayama, and Duffy, JJ.,
and Intermediate Court of Appeals Judge Foley,
in place of Acoba, J., recused)

Upon consideration of Plaintiff-Appellant Jacek Nowicki's motion to dismiss his appeal, the papers in support, and the records and files herein, it appears Appellant seeks to dismiss his appeal because the matter between the parties has been resolved. Therefore,

IT IS HEREBY ORDERED that the motion to dismiss is granted, and this appeal is dismissed pursuant to HRAP Rule 42(b). The parties shall bear their own appellate fees and costs.

DATED: Honolulu, Hawai`i, August 17, 2005.


Arnold T. Phillips II
for plaintiff-appellant
on the motion