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NO. 24437 IN THE SUPREME COURT OF THE STATE OF HAWAI#I CHANEY, BROOKS & COMPANY, Plaintiff-Appellee vs. JOSEPH MISURACA, Defendant-Appellant APPEAL FROM THE DISTRICT COURT OF THE FIFTH CIRCUIT (CIV. NO. L-01-129) ORDER DISMISSING APPEAL Moon, C.J., Levinson, Nakayama, Ramil, and Acoba, JJ.)

(By:

Upon review of the record, it appears that this court informed Appellant Joseph Misuraca by letter dated January 15, 2002, that the time for filing the statement of jurisdiction expired on October 25, 2001 and the time for filing the opening brief expired on November 24, 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; and appellant having failed to respond to said letter or to otherwise oppose dismissal; therefore, IT IS HEREBY ORDERED that the appeal is dismissed. DATED: Honolulu, Hawai#i, March 5, 2002.



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