NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER



NO. 29159



IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI‘I





K.C-R., Petitioner-Appellant, v.
E.B., Respondent-Appellee.




APPEAL FROM THE FAMILY COURT OF THE THIRD CIRCUIT
(FC-M 07-1-0031K)




ORDER DISMISSING APPEAL
(By: Foley, Presiding Judge, Fujise and Leonard, JJ.)

Upon review of the record, it appears that: (1) Respondent-Appellant (Appellant) filed a notice of appeal on May 8, 2008; (2) Appellant did not pay the filing fee; (3) on July 22, 2008, the appellate clerk sent a letter to Appellant at the address Appellant provided; (4) the letter informed Appellant that: (a) pursuant to Rule 11(b)(2) of the Hawai‘i Rules of Appellate Procedure (HRAP), the record on appeal cannot be filed without payment of the filing fee or an order allowing Appellant 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 29, 2008 for such action as the court deemed proper, including dismissal of the appeal pursuant to HRAP Rule 11(c)(2); and (5) Appellant did not pay the filing fee, or file a motion to proceed in forma pauperis, or otherwise seek relief from default. Therefore,

IT IS HEREBY ORDERED that the appeal is dismissed.

DATED: Honolulu, Hawa‘i, September 10, 2008.