***
NOT FOR PUBLICATION ***
NO. 27279
IN THE
SUPREME COURT OF THE STATE OF HAWAI`I
DUNCAN
MCDONALD, Plaintiff-Appellee,
vs.
RICHARD
M. FOOTE, Defendant-Appellant.
APPEAL FROM THE DISTRICT COURT OF THE SECOND CIRCUIT
(CIV. NO. DC
05-1-0410)
ORDER
DISMISSING APPEAL
(By: Nakayama, J., for the court (1))
Upon review of the
record, it appears that
(1) the Supreme Court Clerk's Office informed Appellant, RICHARD M.
FOOTE, by letter dated July 15, 2005, 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,
August 18, 2005.
1.
Considered by:
Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.