Opinion
CAAP-21-0000383
09-17-2021
PEAHI: DARLENE SPINNEY; KELIIHULUHULU: ALFRED SPINNEY, KANAKA-MAOLI, Petitioners-Appellants, v. EXTRA SPACE STORAGE, EXTRA SPACE STORAGE LP, ESS HOLDINGS BUSINESS TRUST I; GARY WELLMAN; LIZ FERNANDEZ; MAILE MORESH; LARAINE CROOM; SPENCER F. KIRK; PETER SCOTT STUBBS; CHARLES L. ALLEN; JOSEPH MARGOLIS; KARL FRED SKOUSEN; DOE CORPORATIONS 1-10; JOHN DOES 1-10; JANE DOES 1-10; DOE ENTITIES 1-10, Respondents-Appellees
NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS AND PACIFIC REPORTER
APPEAL FROM THE DISTRICT COURT OF THE THIRD CIRCUIT NORTH AND SOUTH KONA DIVISION (CIVIL NO. 3DRC-21-0000708)
Ginoza, Chief Judge, Nakasone and Fujise, JJ.
ORDER DISMISSING APPEAL
Upon review of the record, it appears that:
(1) On June 23, 2021, self-represented Petitioners-Appellants Darlene Spinney and Alfred Spinney (the Spinneys) filed the notice of appeal without the fees required by Hawai'i Rules of Appellate Procedure (HRAP) Rule 3(a);
(2) On August 6, 2021, the appellate clerk entered a notice of non-payment, instructing the Spinneys to pay the filing fee or seek a fee waiver on or before August 16, 2021, or the appeal could be dismissed;
(3) The record on appeal was due on or before August 23, 2021. See HRAP Rule 11(b) (1);
(4) On August 30, 2021, the appellate clerk entered a default of the record on appeal, informing the Spinneys that the time to docket the appeal had expired, the Spinneys had not paid
the filing fee or obtained an order allowing them to proceed on appeal in forma pauperis, the matter would be brought to the court's attention on September 9, 2021, for action that may include dismissal of the appeal, and the Spinneys could seek relief from default by motion;
(5) The Spinneys took no further action in the appeal to address the default of the record on appeal; and
(6) An appeal may be dismissed where the record on appeal has not been prepared because the appellant failed to pay the required fees or obtain an order allowing the appellant to proceed in forma pauperis. HRAP Rule 11(b)(2), (c)(2).
Therefore, IT IS HEREBY ORDERED that the appeal is dismissed.