JO v. NO

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
07-MAR-2023
08:17 AM
Dkt. 29 ODSD
NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI I

JO, Plaintiff-Appellee, v.
NO, Defendant-Appellant

APPEAL FROM THE FAMILY COURT OF THE FIRST CIRCUIT
(CASE NO. 1DV201007551)

ORDER DISMISSING APPEAL
(By: Wadsworth, Presiding Judge, Nakasone and Chan, JJ.)
Upon review of the record, it appears that:
(1) On July 15, 2022, Defendant-Appellant NO
electronically filed a notice of appeal in the underlying case,
1DV201007551. On August 4, 2022, NO electronically filed the
same notice of appeal in this court, to create the appeal in
CAAP-XX-XXXXXXX. NO did not pay the filing fee or obtain a fee
waiver in either court. See Hawai i Rules of Appellate Procedure
(HRAP) Rules 3(a) & 24;
(2) On August 17, 2022, the appellate clerk notified
NO's counsel to pay the filing fee or file a motion for leave to
proceed on appeal in forma pauperis on or before August 29, 2022,
or the appeal could be dismissed;
(3) On September 19, 2022, the court granted NO's
counsel's motion to withdraw as counsel, and the appellate clerk
mailed a copy of the order to NO's address on record.
(4) The record on appeal was due on or before
October 3, 2022, see HRAP Rule 11(b)(1), but was not filed
because NO failed to pay the filing fee or obtain a fee waiver;
NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

(5) On October 26, 2022, the appellate clerk entered a
default of the record on appeal, informing NO that the time to
docket the appeal had expired, NO had not paid the filing fee or
obtained an order allowing NO to proceed on appeal in forma
pauperis, the matter would be brought to the court's attention on
November 7, 2022, for action that may include dismissal of the
appeal, and NO could seek relief from default by motion; and
(6) NO 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 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.
IT IS FURTHER ORDERED that all pending motions are
dismissed.
DATED: Honolulu, Hawai i, March 7, 2023.

/s/ Clyde J. Wadsworth
Presiding Judge

/s/ Karen T. Nakasone
Associate Judge

/s/ Derrick H.M. Chan
Associate Judge

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