NO. 27328
IN THE
SUPREME COURT OF THE STATE OF HAWAI`I
CHRIS
GRINDLING, Petitioner-Appellant
vs.
STATE OF
HAWAI`I, Respondent-Appellee
APPEAL FROM THE SECOND CIRCUIT COURT
(S.P.P. NO.
05-1-0011)
ORDER
(By: Duffy, J.)
Upon consideration
of Respondent-Appellee State of Hawaii's motion to dismiss
Petitioner-Appellant's appeal based
upon Petitioner-Appellant's failure to serve the opening brief, or in
the alternative, for an extension of time to file the
answering brief, it appears this appeal was dismissed for lack of
jurisdiction on December 21, 2005, and the instant
motion is moot. Therefore,
IT IS HEREBY
ORDERED that the motion to dismiss or in the alternative, for an
extension of time to file the answering
brief is dismissed as moot.
DATED: Honolulu,
Hawai`i, December 23, 2005.
Lisa M. Itomura,
Deputy Attorney
General,
for
respondent-appellee
on the motion