Hofelich v. State

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
30-MAY-2023
07:52 AM
Dkt. 30 OGMD
NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI I

HOWARD HOFELICH, Plaintiff-Appellant, and
SOUTH PACIFIC SCUBA TOURS, INC., Intervenor-Appellant, v.
STATE OF HAWAII, DCCA and DLNR; DENNIS KRUEGER, ESQ.;
ASHFORD AND WRISTON LAW CORPORATION; DAVID KAAPU, ESQ.;
STEPHEN D. WHITTAKER, ESQ.; CARL VINCENTI;
JUNG & VASSAR LAW CORPORATION; RONALD IBARRA;
UNITED STATES COAST GUARD VESSEL DOCUMENTATION CENTER (USCGVDC);
DAVID LAWTON, ESQ.; DOE CORPORATIONS 1-10; JOHN DOES 1-10;
JANE DOES 1-10; DOE GOVERNMENTAL AGENCIES 1-10;
DOE PARTNERSHIPS 1-10; DOE LLC CORPORATIONS 1-10,
Defendants-Appellees

APPEAL FROM THE CIRCUIT COURT OF THE THIRD CIRCUIT
(CASE NO. 3CCV-XX-XXXXXXX)

ORDER GRANTING MOTION TO DISMISS APPEAL
(By: Ginoza, Chief Judge, Wadsworth and Chan, JJ.)
Upon consideration of Defendants-Appellees David Lawton
and Jung & Vassar P.C.'s (Appellees) April 25, 2023 Motion to
Dismiss Appeal (Motion), the papers in support, the record, and
there being no opposition, it appears that:
(1) On March 6, 2023, self-represented Plaintiff-
Appellant Howard Hofelich (Hofelich), filed the notice of appeal
without paying the fee required by Hawai i Rules of Appellate
Procedure (HRAP) Rule 3(a);
(2) The same day, the appellate clerk notified Hofelich
to pay the filing fee or file a motion for leave to proceed on
appeal in forma pauperis on or before March 16, 2023, or the
appeal could be dismissed;
NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

(3) On April 25, 2023, Appellees filed the Motion,
seeking dismissal of the appeal due to, among other things,
Hofelich's failure to pay filing fees.
(4) The record on appeal was due on or before May 5,
2023, see HRAP Rule 11(b)(1), but was not filed because Hofelich
failed to pay the filing fee or obtain a fee waiver;
(5) On May 8, 2023, the appellate clerk entered a
default of the record on appeal, informing Hofelich that the time
to docket the appeal had expired, Hofelich had not paid the
filing fee or obtained an order allowing him to proceed on appeal
in forma pauperis, the matter would be brought to the court's
attention on May 18, 2023, for action that may include dismissal
of the appeal, and Hofelich could seek relief from default by
motion; and
(6) Hofelich 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 Motion is
granted and the appeal is dismissed.
IT IS FURTHER ORDERED that all pending motions are
dismissed.
DATED: Honolulu, Hawai i, May 30, 2023.

/s/ Lisa M. Ginoza
Chief Judge

/s/ Clyde J. Wadsworth
Associate Judge

/s/ Derrick H.M. Chan
Associate Judge

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