M.E. v. R.S.

CourtListener 10851313Hawapp30 apr 2026

Testo completo

NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
30-APR-2026
08:11 AM
Dkt. 56 ODMR
NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI#I

M.E., Plaintiff-Appellee,
v.
R.S., Defendant-Appellant.

APPEAL FROM THE FAMILY COURT OF THE FIRST CIRCUIT
(CASE NO. 1DV191006856)

ORDER DENYING MOTION FOR RECONSIDERATION AND DISMISSING APPEAL
(By: Nakasone, Chief Judge, Hiraoka and Wadsworth, JJ.)

Upon review of self-represented Defendant-Appellant
R.S.'s April 20, 2026 Renewed Motion for Reconsideration of Order
Denying Motion to Proceed In Forma Pauperis (Docket 52), which is
construed as a second motion for reconsideration of the March 18,
2026 order denying the motion for leave to proceed on appeal in
forma pauperis (Motion), the papers in support, and the record,
it appears that:
(1) R.S. filed the notice of appeal on July 26, 2024.
The court's March 18, 2026 order denied R.S's motion for leave to
proceed on appeal in forma pauperis and stated that within 10
days, R.S. "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."
(2) On April 6, 2026, the court denied R.S.'s motion
for reconsideration of the March 18, 2026 order.
(3) The Motion is unauthorized. See Hawai#i Rules of
Appellate Procedure (HRAP) Rule 40(e) ("Only one motion for
reconsideration may be filed by any party[.]").
NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

(4) R.S. has not complied with the March 18, 2026
order and the April 6, 2026 order denying reconsideration, the
time for compliance has expired, and R.S. has not paid the
appellate filing fees.
Therefore, IT IS HEREBY ORDERED that the Motion is
denied as unauthorized. See HRAP Rule 40(e).
IT IS FURTHER ORDERED that the appeal is dismissed.
See HRAP Rule 24(c) ("Failure of the unsuccessful movant 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.").

DATED: Honolulu, Hawai#i, April 30, 2026.
/s/ Karen T. Nakasone
Chief Judge

/s/ Keith K. Hiraoka
Associate Judge

/s/ Clyde J. Wadsworth
Associate Judge

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