NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER
NO.
29161
IN THE INTERMEDIATE COURT OF APPEALS
OF
THE STATE OF HAWAI‘I
SUZETTE
J. SALAZ, Claimant-Appellant-Appellant,
v.
KEN
MOHICA, Deliquent, Employer-Appellant-Appellee,
and
SPECIAL
COMPENSATION FUND, Appellant-Appellee.
APPEAL FROM THE LABOR AND INDUSTRIAL RELATIONS APPEALS BOARD
(CASE NO. AB 2006-367 (2-05-04812))
ORDER DISMISSING APPEAL
(By: Foley, Presiding Judge, Fujise and Leonard, JJ.)
Upon review of the record, it appears that: (1) Claimant-Appellant
Suzette J. Salaz (Appellant) filed a notice of appeal on
May 13, 2008; (2) Appellant did not pay the filing fee; (3) on July 25,
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 August 1, 2008 for such action as the court
deemed
proper, including dismissal of the appeal pursuant to HRAP Rule
11(c)(2); (5) the
default letter was returned to the court on August 6, 2008 with a
notation "RETURN
TO SENDER UNKNOWN ADDRESS UNABLE TO FORWARD;" and (6) without payment
of the
filing fee, the record is in default and dismissal is appropriate
pursuant to HRAP
Rule 11(b)(2). Therefore,
IT IS HEREBY
ORDERED that the appeal is dismissed.
DATED: Honolulu,
Hawai‘i, September 10, 2008.