Ziebold v. Bui

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
25-JUN-2025
09:07 AM
Dkt. 13 ODSD
NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI I

MARK ZIEBOLD, Plaintiff-Appellee, vs.
JAMES BUI AND DIANA BUI-NGUYEN, Defendants-Appellants.

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

ORDER DISMISSING APPEAL
(By: Leonard, Acting Chief Judge, Hiraoka, and Wadsworth, JJ.)

Upon review of the record, it appears that:
(1) On March 20, 2025, self-represented Defendants-
Appellants Diana Bui and James Bui (collectively, Appellants)
filed a notice of appeal.
(2) The record on appeal was due on or before
May 19, 2025, 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.
(3) On May 21, 2025, the appellate clerk entered a
default of the record on appeal, informing Appellants that the
time to docket the record on appeal had expired, Appellants had
not paid the filing fees, the record on appeal cannot be prepared
and filed without full payment of all fees or an order allowing
Appellants to proceed on appeal in forma pauperis, the matter
would be brought to the court's attention on June 2, 2025 for
action that may include dismissal of the appeal, and Appellants
could seek relief from default by motion.
NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

(4) 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, June 25, 2025.

/s/ Katherine G. Leonard
Acting Chief Judge

/s/ Keith K. Hiraoka
Associate Judge

/s/ Clyde J. Wadsworth
Associate Judge

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