Walden v. Lucyana

NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
22-DEC-2025
07:52 AM
Dkt. 23 ODSD
NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI#I

DONNA J. WALDEN, as Trustees under that
unrecorded Donna J. Walden Revocable Living Trust
dated September 14, 1998, and GIAMPAOLO BOSCHETTI,
Plaintiffs-Appellees,
v.
DEVITA LUCYANA dba MINA HINE and
NAWELU NAKAI EHIKU, LLC, A HAWAII LIMITED LIABILITY COMPANY
Defendants-Appellants.

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

ORDER DISMISSING APPEAL
(By: Wadsworth, Presiding Judge, McCullen and Guidry, JJ.)
Upon review of the record, it appears that:
(1) On April 21, 2025, self-represented Defendant-
Appellant Devita Lucyana dba Mina Hine (Lucyana) and Defendant-
Appellant Nawelu Nakai Ehiku, LLC (Nawelu Nakai Ehiku), a Hawaii
Limited Liability Company (collectively, Appellants) filed a
notice of appeal with the Hawai#i Supreme Court in SCPW-25-
0000366. On May 7, 2025, the supreme court issued an order
dismissing the petition, and ordered the appellate clerk to file
the Appellants' notice of appeal and accompanying documents as an
appeal to the Hawai#i Intermediate Court of Appeals (ICA);
(2) The notice of appeal was filed with the ICA on
May 7, 2025;
(3) On May 15, 2025, the appellate clerk entered a
Notice of Non-Payment, informing Lucyana the filing fees due upon
NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

submission of the notice of appeal had not been paid, that
payment in the amount of $285.00 was due on or before May 25,
2025, and that failure to pay the filing fees or file a motion to
proceed in forma pauperis by the due date would be brought to the
court's attention for appropriate action, which could result in
dismissal of the appeal;
(4) Pursuant to Hawai#i Rules of Appellate Procedure
(HRAP) Rule 11(b)(1) the record on appeal was due on or before
July 7, 2025, but was not filed because Appellants failed to pay
the filing fees or obtain a fee waiver;
(5) On August 13, 2025, the appellate clerk entered a
Default of Record on Appeal, informing Appellants that the time
to docket the appeal had expired, Appellants had not paid the
filing fee or obtained a fee waiver, the matter would be brought
to the court's attention on August 23, 2025 for action which may
include dismissal of the appeal, and that Appellants may request
relief from default by motion;
(6) Appellants have not paid the filing fees and have
not taken any further action in this appeal. An appeal may be
dismissed where the record on appeal has not been prepared
because the appellants failed to pay the required fees or obtain
a fee waiver. HRAP Rules 11(b)(2), 11(c)(2);
(7) Further, because limited liability companies must
be represented by legal counsel in litigation, and Nawelu Nakai
Ehiku is not so represented, its appeal is also dismissed on that
independent basis. Kailua 50 LLC v. Ichida Kemp, NO. CAAP-19-
0000799, 2020 WL 429323, at *1 (Haw. App. Jan. 28, 2020).
Therefore, IT IS HEREBY ORDERED that the appeal is
dismissed.
DATED: Honolulu, Hawai#i, December 22, 2025.

/s/ Clyde J. Wadsworth
Presiding Judge

/s/ Sonja M.P. McCullen
Associate Judge

/s/ Kimberly T. Guidry
Associate Judge

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