Flores II v. Page

NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
22-DEC-2025
08:12 AM
Dkt. 14 OGMD
NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI#I

THOMAS P. FLORES II, Plaintiff-Appellant,
v.
GLENN S. PAGE; SAFEWAY INC., Defendants-Appellees.

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT
(CIVIL NO. 1CCV-XX-XXXXXXX)

ORDER GRANTING MOTION TO DISMISS APPEAL
(By: Hiraoka, Presiding Judge, McCullen and Guidry, JJ.)

Upon consideration of Defendants-Appellees Safeway,
Inc. and Glenn S. Page's Motion to Dismiss Appeal filed on
November 24, 2025 by Defendants-Appellees Safeway, Inc. and
Glenn S. Page (collectively, Appellees) and self-represented
Plaintiff-Appellant Thomas P. Flores II's (Flores) Opposition to
Defendants-Appellees Safeway Inc. and Glenn S. Page's Motion to
Dismiss Appeal, filed on December 8, 2025, the papers in support
and opposition, and the record, it appears that:
(1) Flores filed the notice of appeal in this matter
on April 25, 2025, and pursuant to Hawai#i Rules of Appellate
Procedure (HRAP) Rule 11(b)(1), the record on appeal was due to
be filed on June 24, 2025;
(2) On July 10, 2025 the appellate clerk entered a
default of record on appeal, informing Flores that the time for
docketing the record on appeal expired on June 24, 2025, the
appellate filing and docketing fees of $315.00 had not been paid,
the record cannot be prepared and filed without payment of the
fees or an order allowing Flores to proceed in forma pauperis,
NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

the matter would be brought to the court's attention on July 20,
2025 for action that may include dismissal of the appeal, and
Flores could request relief from default by motion;
(3) On November 24, 2025, Appellees filed a motion to
dismiss the appeal, stating that more than four months had passed
since the appellate clerk's default notice, Flores had not paid
the required filing fees or obtained an order allowing him to
proceed in forma pauperis, and he has not moved for relief from
default;
(4) On December 8, 2025, Flores filed an opposition to
Appellees' motion to dismiss appeal, but did not address the
failure to pay the fees or the failure to request to proceed in
forma pauperis. Flores also did not request relief from default;
and
(5) 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 Rules 11(b)(2), 11(c)(2).
Therefore, IT IS HEREBY ORDERED that Appellees' motion
to dismiss is granted, and the appeal is dismissed.
DATED: Honolulu, Hawai#i, December 22, 2025.

/s/ Keith K. Hiraoka
Presiding Judge

/s/ Sonja M.P. McCullen
Associate Judge
/s/ Kimberly T. Guidry
Associate Judge

2