***
NOT FOR PUBLICATION ***
NO. 26731
IN THE
SUPREME COURT OF THE STATE OF HAWAI`I
MICHAEL
MATHISON, Plaintiff-Appellee
vs.
KENNETH
WAYNE MATHISON, Defendant-Appellant
APPEAL FROM THE THIRD CIRCUIT COURT
(CIV. NO.
95-621)
ORDER
DISMISSING APPEAL
(By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.)
Upon review of the
record, it appears that (1) the supreme court clerk's office informed
Appellant, by letter dated October
8, 2004, 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(a), including dismissal of the appeal; and (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 4, 2005.