Yelena Alexis Andrejeff, Celia E. Roberts, and Damara Hara Lange v. Stephen Kenny

Summary

The Hawaiʻi Intermediate Court of Appeals dismissed Stephen Kenny's appeal from the District Court of the Second Circuit after he failed to pay the appellate filing fees within the time ordered by the court. The court relied on Hawaiʻi Rules of Appellate Procedure Rule 24(c), which permits dismissal for failure to pay unpaid filing fees or provide security for costs.

Holdings

1. An appellate court may dismiss an appeal when an unsuccessful movant fails to pay the unpaid appellate filing fees or give security for costs as ordered under Hawaiʻi Rules of Appellate Procedure Rule 24(c). Because Kenny failed to comply with the payment order, dismissal was warranted.

Questions Presented

1. Whether the appeal should be dismissed after the unsuccessful movant failed to pay appellate filing fees following denial of a motion to proceed in forma pauperis.

Disposition

dismissed