Stephens v. Deutsch

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
13-MAY-2025
08:20 AM
Dkt. 22 ODSD
NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI I

TREVOR STEPHENS, Plaintiff/Counterclaim Defendant-Appellee, v.
ARON DEUTSCH and EMILY WESSEL, Defendants/Counterclaimants/
Third-Party Plaintiffs-Appellants, and
SHERRY MATOS, Third-Party Defendant-Appellee

APPEAL FROM THE DISTRICT COURT OF THE THIRD CIRCUIT
KONA DIVISION
(CIVIL NO. 3DRC-XX-XXXXXXX)

ORDER DISMISSING APPEAL
(By: Leonard, Acting Chief Judge, Hiraoka and McCullen, JJ.)
Upon review of the record, it appears that:
(1) On September 19, 2024, self-represented Defendants/
Counterclaimants/Third-Party Plaintiffs-Appellants Aron Deutsch
and Emily Wessel (together, Appellants) filed a notice of appeal;
(2) The same day, the Third Circuit district court
clerk notified Appellants that the filing fees had not been paid,
and warned Appellants that failure to pay the fees or request a
fee waiver may result in the appeal being dismissed, or the
notice of appeal being stricken;
(3) The record on appeal was due on or before
November 18, 2024, see Hawai i Rules of Appellate Procedure
(HRAP) Rule 11(b)(1), but was not filed because Appellants failed
to pay the filing fees or obtain a fee waiver;
(4) On November 19, 2024, the appellate clerk entered a
default of the record on appeal, informing Appellants that the
time to docket the appeal had expired, Appellants had not paid
the filing fees or obtained an order allowing Appellants to
NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

proceed on appeal in forma pauperis, the matter would be brought
to the court's attention on November 29, 2024, for action that
may include dismissal of the appeal, and Appellants could seek
relief from default by motion; and
(5) Appellants 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 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 13, 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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