NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER
NO. 29786
IN THE INTERMEDIATE COURT OF APPEALS
OF THE STATE OF HAWAI‘I
AVERY
R. CHESSER, Plaintiff-Appellant, v.
HEATHER WEHRLE, Defendant-Appellee
APPEAL FROM THE FAMILY COURT OF THE
THIRD CIRCUIT
(FC-DA NO. 08-1-0436K)
ORDER
(By:
Nakamura, C.J., Watanabe and Fujise, JJ.)
Upon review of the record, it appears that: (1)
Plaintiff-Appellant Avery R. Chesser (Appellant) filed a notice of
appeal on
April 17, 2009; (2) on April 21, 2009, the clerk of the Family Court of
the Third
Circuit notified Appellant that he was required to pay a filing fee;
(3) Appellant
did not pay the filing fee; (4) on June 26, 2009, the appellate clerk
informed
Appellant: (a) the time for docketing the record expired on June 16,
2009; (b) the
record on appeal could not be filed without payment of the filing fee
or an
executed motion to proceed in forma pauperis; and (c) the matter would
be called
to the attention of the court on July 6, 2009 for such action as the
court deemed
proper, which may include dismissal of the appeal; and (5) 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 due to nonpayment of the filing
fee.
DATED: Honolulu,
Hawai‘i, October 12, 2009.