NOT FOR PUBLICATION IN WEST'S HAWAI`I REPORTS AND PACIFIC REPORTER
NO. 28485
IN
THE INTERMEDIATE COURT OF APPEALS
OF
THE STATE OF HAWAI`I
PHYLLISTINE V. GEORGE,
Claimant-Appellant, v. AMERICA
HEALTHWAYS,
INC., and INDUSTRY AND COMMERCE, Adjusted
by JOHN
MULLEN AND
COMPANY, Employer/Insurance
Carrier/Insurance Adjuster-Appellee
APPEAL FROM THE LABOR AND INDUSTRIAL RELATIONS
APPEALS BOARD
(Case No. AB 2006-668; 2-02-17950)
ORDER DISMISSING APPEAL
(By: Watanabe, Presiding J., Nakamura, and Fujise, JJ.)
Upon review of the record, it appears that: (1) Claimant-Appellant
Phyllistine V.
George (Appellant) filed a notice of appeal with the Hawai`i Labor and
Industrial
Relations Appeals Board on April 2, 2007; (2) Appellant did not pay the
filing
fees or obtain an order allowing her to proceed on appeal in forma
pauperis; (3)
on July 2, 2007, the appellate clerk informed Appellant that (a) the
record on
appeal could not 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 (b) the
matter would be
called to the attention of the court on July 9, 2007 for such action as
the court
deemed proper, which may include dismissal of the appeal; and (4)
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 pursuant to HRAP Rules 3(a),
11(c)(2), and 24.
DATED: Honolulu,
Hawai`i, August 16, 2007.