NOT FOR PUBLICATION IN WEST'S HAWAI'I REPORTS AND PACIFIC REPORTER
APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT
(CIVIL NO. 05-1-1708)
ORDER DISMISSING THE APPEAL
(By: Foley, Presiding Judge, Fujise and Ginoza, JJ.)
Upon consideration of Defendant-Appellant Eadean Michie Buffington's Statement of Settlement in Lieu of Opening Brief, the papers in support, and the records and files herein, it appears that: (1) on October 11, 2011, this court issued an order directing Appellant to file the opening brief within forty days; (2) this court granted Appellant two extensions of time to file the opening brief, and the brief finally became due on March 19, 2012;; (3) Appellant did not file the opening brief; (4) on March 19, 2012, Appellant filed a document titled "Statement of Settlement in Lieu of Opening Brief" informing the court that the parties settled all issued related to the appeal and that the appeal is moot; and (5) since that time, Appellant has taken no further action in this appeal.
Therefore, IT IS HEREBY ORDERED that the appeal is dismissed.
DATED: Honolulu, Hawai'i, June 5, 2012.
Presiding Judge
Associate Judge
Associate Judge