In re: The Estate of Lee Raymond Tepley

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
18-MAY-2023
08:30 AM
Dkt. 16 ODSD
NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI I

THE ESTATE OF LEE RAYMOND TEPLEY, DECEASED

APPEAL FROM THE CIRCUIT COURT OF THE THIRD CIRCUIT
(CASE NO. 3LP191000102)

ORDER DISMISSING APPEAL
(By: Ginoza, Chief Judge, Wadsworth and Chan, JJ.)
Upon review of the record, it appears that:
(1) On August 8, 2022, self-Represented Petitioner-
Appellant Mary Prudence Tepley (Appellant) filed a Notice of
Appeal and a request for the circuit court to waive the filing
fee;
(2) On August 17, 2022, the circuit court denied the
request for a fee waiver;
(3) On August 29, 2022, the circuit court clerk
notified Appellant to pay the filing fee on or before September
9, 2022, or the appeal could be dismissed, because the circuit
court denied the request for a fee waiver;
(4) The record on appeal was due on or before October
7, 2022, see Hawai i Rules of Appellate Procedure (HRAP)
Rule 11(b)(1), but was not filed because Appellant failed to pay
the filing fee or obtain a fee waiver. HRAP Rules 3(a),
11(b)(2), 24;
(5) On October 19, 2022, the appellate clerk entered a
default of the record on appeal, informing Appellant that the
time to docket the appeal expired, Appellant had not paid the
NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

filing fee or obtained an order allowing Appellant to proceed on
appeal in forma pauperis, the matter would be brought to the
court's attention on October 31, 2022, for action that may
include dismissal of the appeal, and Appellant could seek relief
from default by motion. The appellate clerk mailed the default
notice to Appellant at the address indicated in the notice of
appeal. The United States Postal Service returned the notice as
unclaimed and unable to forward. Appellant has not filed a
notice of change of address, as required by HRAP Rule 25(f), and
Appellant took no further action in this 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, May 18, 2023.

/s/ Lisa M. Ginoza
Chief Judge

/s/ Clyde J. Wadsworth
Associate Judge

/s/ Derrick H.M. Chan
Associate Judge

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