Lupton v. Kardash

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
14-MAY-2025
08:47 AM
Dkt. 13 ODSD
NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI I

RAYLANI F. LUPTON, Petitioner-Appellee, v.
KEITH D. KARDASH, Respondent-Appellant

APPEAL FROM THE DISTRICT COURT OF THE FIRST CIRCUIT
HONOLULU DIVISION
(CIVIL NO. 1DSS-XX-XXXXXXX)

ORDER DISMISSING APPEAL
(By: Leonard, Acting Chief Judge, Hiraoka and McCullen, JJ.)
Upon review of the record, it appears that:
(1) On December 25, 2024, self-represented Respondent-
Appellant Keith Kardash (Kardash) filed a notice of appeal;
(2) On January 2, 2025, the district court denied
Kardash's request to waive the appellate filing fees;
(3) On March 6, 2025, this court denied Kardash's
January 5, 2025 motion to waive appellate filing fees filed in
this court;
(4) The record on appeal was due on or before
February 28, 2025, see Hawai i Rules of Appellate Procedure
(HRAP) Rule 11(b)(1), but was not filed because Kardash failed to
pay the filing fees or obtain a fee waiver;
(5) On March 14, 2025, the appellate clerk entered a
default of the record on appeal, informing Kardash that the time
to docket the appeal had expired, Kardash had not paid the filing
fees or obtained an order allowing Kardash to proceed on appeal
in forma pauperis, the matter would be brought to the court's
attention on March 24, 2025, for action that may include
NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

dismissal of the appeal, and Kardash could seek relief from
default by motion; and
(6) Kardash 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.
DATED: Honolulu, Hawai i, May 14, 2025.

/s/ Katherine G. Leonard
Acting Chief Judge

/s/ Keith K. Hiraoka
Associate Judge

/s/ Sonja M.P. McCullen
Associate Judge

2