Summary
The Intermediate Court of Appeals of Hawaii issued an order dismissing the plaintiff-appellant's appeal after he failed to pay required filing fees or obtain a fee waiver. Consequently, the record on appeal was not filed within the prescribed timeframe, leading to a default entry by the clerk. Relying on the Hawai'i Rules of Appellate Procedure, the court dismissed the appeal for failure to prosecute and comply with procedural mandates.
Topics
Practice areas
Questions Presented
- Whether an appeal may be dismissed for failure to file the record on appeal and to pay the required filing fees under Hawai‘i Rules of Appellate Procedure Rule 11(b)(2) and (c)(2).
Holdings
- The appeal is dismissed because the record on appeal was not prepared and the appellant failed to pay the required fees or obtain an order to proceed in forma pauperis, pursuant to HRAP Rule 11(b)(2) and (c)(2).
Key quotations
“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).”
Factual background
Guillermo Canlas, a self‑represented appellant, filed a notice of appeal on February 10, 2025 but did not pay the filing fees or secure a fee waiver. The appellate clerk entered a default for failure to docket the record, and the appellant failed to act thereafter.
Procedural history
Plaintiff‑Appellant filed a notice of appeal on February 10, 2025 but failed to pay the required filing fees or obtain a fee waiver. The record on appeal was not docketed, and the clerk entered a default on April 24, 2025. The appellant took no further action, and the court dismissed the appeal.