Lupton v. Kardash

• Court: Hawaii Intermediate Court of Appeals
• Decided: May 14, 2025
• Docket: CAAP-24-0000848
• Status: Published

Opinion

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 14-MAY-2025 08:47 AM Dkt. 13 ODSD NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI I

RAYLANI F. LUPTON, Petitioner-Appellee, v. KEITH D. KARDASH, Respondent-Appellant

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

ORDER DISMISSING APPEAL (By: Leonard, Acting Chief Judge, Hiraoka and McCullen, JJ.) Upon review of the record, it appears that: (1) On December 25, 2024, self-represented Respondent- Appellant Keith Kardash (Kardash) filed a notice of appeal; (2) On January 2, 2025, the district court denied Kardash's request to waive the appellate filing fees; (3) On March 6, 2025, this court denied Kardash's January 5, 2025 motion to waive appellate filing fees filed in this court; (4) The record on appeal was due on or before February 28, 2025, see Hawai i Rules of Appellate Procedure (HRAP) Rule 11(b)(1), but was not filed because Kardash failed to pay the filing fees or obtain a fee waiver; (5) On March 14, 2025, the appellate clerk entered a default of the record on appeal, informing Kardash that the time to docket the appeal had expired, Kardash had not paid the filing fees or obtained an order allowing Kardash to proceed on appeal in forma pauperis, the matter would be brought to the court's attention on March 24, 2025, for action that may include NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

dismissal of the appeal, and Kardash could seek relief from default by motion; and (6) Kardash has 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 14, 2025.

/s/ Katherine G. Leonard Acting Chief Judge

/s/ Keith K. Hiraoka Associate Judge

/s/ Sonja M.P. McCullen Associate Judge