Lupton v. Kardash

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
16-MAY-2025
09:24 AM
Dkt. 5 ODSD
NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI I

RAYLANI F. LUPTON, Petitioner-Appellee, v.
KEITH D. KARDASH, Respondent-Appellant

APPEAL FROM THE DISTRICT COURT OF THE FIRST CIRCUIT
HONOLULU DIVISION
(CIVIL NO. 1DSS-XX-XXXXXXX)

ORDER DISMISSING APPEAL
(By: Leonard, Acting Chief Judge, Hiraoka and McCullen, JJ.)
Upon review of the record, it appears that:
(1) On February 18, 2025, self-represented Respondent-
Appellant Keith Kardash (Kardash) filed the notice of appeal;
(2) The record on appeal was due on or before April 21,
2025, see Hawai i Rules of Appellate Procedure (HRAP)
Rule 11(b)(1), but was not filed because Kardash failed to pay
the filing fees or obtain a fee waiver;
(3) On April 23, 2025, the appellate clerk entered a
default of the record on appeal, informing Kardash that the time
to docket the appeal had expired, Kardash had not paid the filing
fees or obtained an order allowing Kardash to proceed on appeal
in forma pauperis, the matter would be brought to the court's
attention on May 5, 2025, for action that may include dismissal
of the appeal, and Kardash could seek relief from default by
motion; and
(4) Kardash has not taken any further action in this
appeal. An appeal may be dismissed where the record on appeal
has not been prepared because the appellant failed to pay the
NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

required fees or obtain an order allowing the appellant to
proceed in forma pauperis. HRAP Rule 11(b)(2), (c)(2).
Therefore, IT IS HEREBY ORDERED that the appeal is
dismissed.
DATED: Honolulu, Hawai i, May 16, 2025.

/s/ Katherine G. Leonard
Acting Chief Judge

/s/ Keith K. Hiraoka
Associate Judge

/s/ Sonja M.P. McCullen
Associate Judge

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