Yamamoto v. Manginsay

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
27-JUN-2025
09:25 AM
Dkt. 20 ODSD
NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI I

BERT YAMAMOTO, by his Managing Agent, IVY K. REALTY, LLC,
Plaintiff-Appellee, v.
ELENA L. MANGINSAY and BRUCE L. JOHNSON,
Defendants-Appellants.

APPEAL FROM THE DISTRICT COURT OF THE FIRST CIRCUIT
EWA DIVISION
(CASE NO. 1DRC-XX-XXXXXXX)

ORDER DISMISSING APPEAL
(By: Leonard, Acting Chief Judge, Hiraoka, and Wadsworth, JJ.)
Upon review of the record, it appears that:
(1) On March 18, 2025, the court ordered that within
ten days from the order, self-represented Defendants-Appellants
Elena L. Manginsay and Bryce L. Johnson (together, Appellants)
shall (a) either pay the filing fee in the full amount to the
Supreme Court Clerk's Office, or file a motion for leave to
proceed on appeal in forma pauperis that complies with Hawai i
Rules of Appellate Procedure (HRAP) Rule 24(a); and (b) show
cause, in the form of a declaration, affidavit, or other sworn
statement, indicating why the appeal should not be dismissed as
moot. The court cautioned Appellants that failure to comply
with the order may result in the appeal being dismissed;
(2) The appellate clerk mailed the March 18, 2025 order
to Appellants at their address on record but it was returned
as not deliverable and unable to forward; and
(3) Appellants did not respond to the March 18, 2025
order, and have not paid the filing fee or obtained a fee waiver
NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

for this appeal, resulting in no record on appeal being filed.
Appellants also failed to file a notice of change of address.
See HRAP Rule 25(f). An appeal may be dismissed where the record
on appeal has not been prepared because the appellant failed to
pay the 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, June 27, 2025.

/s/ Katherine G Leonard
Acting Chief Judge

/s/ Keith K. Hiraoka
Associate Judge

/s/ Clyde J. Wadsworth
Associate Judge

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