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NO. 24425 IN THE SUPREME COURT OF THE STATE OF HAWAI#I BANKERS TRUST COMPANY OF CALIFORNIA N.A., as Custodian or Trustee, Plaintiff-Appellee vs. FLORENCIO AMIGABLE BARROGA and ISABEL DUMLAO BARROGA, MELVIN DUMLAO QUINES and BEN RONALD DUMLAO QUINES, Defendants-Appellants and JOHN DOES 1-50; JANE DOES 1-50; DOE PARTNERSHIPS, DOE CORPORATIONS, DOE ENTITIES and DOE GOVERNMENT UNITS 1-50, Defendants

APPEAL FROM THE FIRST CIRCUIT COURT (CIV. NO. 01-1-1104) ORDER DISMISSING APPEAL Moon, C.J., Levinson, Nakayama, Ramil, and Acoba, JJ.)

(By:

Upon review of the record, it appears that (1) this court informed Appellants by letter dated January 15, 2002, that the time for filing the opening brief expired on November 26, 2001, 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; (2) on January 22, 2002, counsel for Appellants informed this court that he would be submitting a

motion for leave to file a late opening brief; and (3) to date no motion has been submitted; therefore, IT IS HEREBY ORDERED that the appeal is dismissed. DATED: Honolulu, Hawai#i, March 5, 2002.

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Hawaii Law