Opinion
23503
March 21, 2001. March 28, 2001.
APPEAL FROM THE FIRST CIRCUIT COURT (CIV. NO. 97-3352)
AMENDEDLEVINSON, ACTING C.J., NAKAYAMA, RAMIL, and ACOBA, JJ., and CIRCUIT JUDGE WILSON, IN PLACE OF MOON, C.J., RECUSED.
The March 21, 2001 "Order Dismising Appeal" listed, and, therefore, was inadvertently signed by Chief Justice Moon, who was recused from the case, rather than by substitute justice Wilson, who was assigned as a substitute justice on October 4, 2000.
ORDER DISMISSING APPEAL
Upon review of the record, it appears that: (1) this court informed Cross-Appellants Mitsui Trust Banking Co., Ltd. and Chad Griffith, and Appellant Thomas Enomoto, by letters dated February 12, 2001 and March 2, 2001, respectively, that the time for filing their respective opening briefs expired on December 15, 2000 and that, pursuant to Rule 30 of the Hawaii 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) by letter dated February 15, 2001, cross-appellants informed the court that they had no objections to dismissal of the cross-appeal if the appeal is also dismissed; (3) by letter dated March 6, 2001, appellant informed the court that he had no objections to dismissal of the appeal and cross-appeal herein. Therefore,
IT IS HEREBY ORDERED that the appeal and cross-appeal are dismissed.