K.K. v. J.K.

NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
24-APR-2025
07:59 AM
Dkt. 176 ODSD

NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI#I

K.K., Petitioner-Appellee, v.
J.K., Respondent-Appellant

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

ORDER DISMISSING APPEAL
(By: Leonard, Acting Chief Judge, Hiraoka and McCullen, JJ.)

Upon review of the record, it appears that:
(1) Self-represented Respondent-Appellant J.K. filed
the notice of appeal on December 31, 2024.
(2) J.K. filed a motion for leave to proceed on appeal
in forma pauperis on January 2, 2025.
(3) The court's February 24, 2025 order denied without
prejudice JK's January 2, 2025 motion and stated that within 10
days, JK shall either (i) file a motion with the information
required by Hawai#i Rules of Appellate Procedure (HRAP) Rule 24
and HRAP Form 4, or (ii) pay the filing fees in the full amount.
The order stated that "[f]ailure to file the motion for leave to
proceed on appeal in forma pauperis, or to pay the filing fees,
may result in the appeal being dismissed."
(4) J.K. filed another motion for leave to proceed on
appeal in forma pauperis on February 26, 2025.
NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

(5) The court's February 28, 2025 order denied J.K.'s
February 26, 2025 motion and ordered that within 10 days, J.K.
"shall pay the filing fees in the full amount to the Supreme
Court Clerk's Office" and "[f]ailure to pay the filing fees may
result in the appeal being dismissed."
(6) J.K. moved for reconsideration of our February 28,
2025 order on February 28, 2025.
(7) The court's March 5, 2025 order granted in part
and denied in part J.K.'s motion for reconsideration, and ordered
that within 14 days, J.K. "shall complete and file the current
version of HRAP Form 4 (Rev. 08/04/20), which the court will
construe as a renewed motion for leave to proceed on appeal in
forma pauperis."
(8) J.K. has not complied with the March 5, 2025
order, the time for compliance has expired, and J.K. has not paid
the appellate filing fee. As a result, the record on appeal has
not been prepared.
Therefore, IT IS HEREBY ORDERED that the appeal is
dismissed. See HRAP Rule 24(c) ("Failure of the unsuccessful
movant [to proceed on appeal in forma pauperis] to pay the unpaid
filing fees or to give security for costs shall not affect the
validity of the appeal, but is ground for such action as the
appellate court having jurisdiction over the appeal deems
appropriate, and may include dismissal of the appeal.").
IT IS FURTHER ORDERED that all pending motions are
dismissed.
DATED: Honolulu, Hawai#i, April 24, 2025.

/s/ Katherine G. Leonard
Acting Chief Judge

/s/ Keith K. Hiraoka
Associate Judge

/s/ Sonja M.P. McCullen
Associate Judge

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