Mortgage Electronic Registration System, Inc. v. Goddard (Order Dismissing Appeal)

NOT FOR PUBLICATION IN WEST'S HAWAI`I REPORTS AND PACIFIC REPORTER

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NO. 28191

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI`I

MORTGAGE ELECTRONIC REGISTRATION SYSTEM, INC.,

as Nominee for First Magnus Financial Corporation, et al.,

Plaintiff-Appellee,

v.

MICHAEL DAVID GODDARD, et al., Defendants-Appellees,

and

MATHILDA NOELANI BATALONA MASON, Appellant

APPEAL FROM THE CIRCUIT COURT OF THE THIRD CIRCUIT

(CIVIL NO. 05-1-0404)

ORDER DISMISSING APPEAL

(By: Burns, C.J., Lim and Foley, JJ.)

Upon review of the record, it appears that: (1) on January 19, 2007, the appellate clerk informed Appellant Mathilda Noelani Batalona Mason that the record on appeal cannot be filed without payment of the filing fee pursuant to Rule 3(f) of the Hawai`i Rules of Appellate Procedure (HRAP) or an executed motion to proceed in forma pauperis pursuant to HRAP Rule 24 and that the matter would be called to the attention of the court for such action as the court deemed proper pursuant to HRAP Rule 11(c)(2), including dismissal of the appeal; (2) Appellant failed to pay the filing fee or submit a motion to proceed in forma pauperis. Therefore,

IT IS HEREBY ORDERED that the appeal is dismissed.

DATED: Honolulu, Hawai`i, March 22, 2007.