Yoshida-Conselva v. Vivas

NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
18-OCT-2021
10:35 AM
Dkt. 9 ODSD
NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI#I

TERI YOSHIDA-CONSELVA, Claimant-Appellant, v.
PATRICK M. VIVAS, Employer-Appellee, and
HAWAII EMPLOYERS' MUTUAL INSURANCE COMPANY,
Insurance Carrier-Appellee

APPEAL FROM THE LABOR AND INDUSTRIAL RELATIONS APPEALS BOARD
(CASE NO. AB 2021-062; DCD NO. 2-19-50513)

ORDER DISMISSING APPEAL
(By: Leonard, Presiding Judge, Hiraoka and Nakasone, JJ.)
Upon review of the record, it appears that:
(1) On July 28, 2021, self-represented Claimant-
Appellant Teri Yoshida-Conselva (Yoshida-Conselva) filed the
notice of appeal without the fees required by Hawai#i Rules of
Appellate Procedure (HRAP) Rule 3(a);
(2) On August 9, 2021, the Chief Clerk of the Labor and
Industrial Relations Appeals Board filed a notice of non-payment,
instructing Yoshida-Conselva to pay the filing fee or seek a fee
waiver on or before August 24, 2021;
(3) The record on appeal was due on or before
September 27, 2021. See HRAP Rules 11(b)(1) & 26(a);
(4) On September 28, 2021, the appellate clerk entered
a default of the record on appeal, informing Yoshida-Conselva
that the time to docket the appeal had expired, she had not paid
the filing fee or obtained an order allowing her to proceed on
appeal in forma pauperis, the matter would be brought to the
court's attention on October 8, 2021, for action that may include
NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

dismissal of the appeal, and she could seek relief from default
by motion;
(5) Yoshida-Conselva took no further action in the
appeal; and
(6) 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, October 18, 2021.

/s/ Katherine G. Leonard
Presiding Judge

/s/ Keith K. Hiraoka
Associate Judge

/s/ Karen T. Nakasone
Associate Judge

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