NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

NO. CAAP-21-0000026

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI#I

LUISA KUHLMANN, Petitioner-Appellee, v.

JOHN T. BURGESS, Respondent-Appellant 

APPEAL FROM THE FAMILY COURT OF THE FIRST CIRCUIT

(FC-DA NO. 19-1-002156)

ORDER DISMISSING APPEAL

(By: Ginoza, Chief Judge, Fujise and Wadsworth, JJ.)

Upon review of the record, it appears that:

(1) On January 20, 2021, self-represented RespondentAppellant John T. Burgess (Burgess) filed the notice of appeal

without the fees required by Hawai#i Rules of Appellate Procedure

(HRAP) Rule 3(a). The same day, Burgess filed in the underlying

case, FC-DA No. 19-1-002156, what the family court construed as a

motion for leave to proceed on appeal in forma pauperis;

(2) On February 11, 2021, the family court denied the

motion for leave to proceed on appeal in forma pauperis without

prejudice to Burgess seeking relief in this court;

(3) The record on appeal was due on or before March 22,

2021. See HRAP Rules 11(b)(1) & 26(a);

(4) On April 6, 2021, the appellate clerk entered a

default of the record on appeal, informing Burgess that the time

to docket the appeal had expired, he had not paid the filing fee

or obtained an order allowing him to proceed on appeal in forma

pauperis, the matter would be brought to the court's attention on

April 16, 2021, for action that may include dismissal of the

appeal, and he could seek relief from default by motion;

Electronically Filed

Intermediate Court of Appeals

CAAP-21-0000026

09-JUN-2021

10:10 AM

Dkt. 26 ODSD
NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

(5) On May 17, 2021, Burgess filed what this court

construed as a motion for leave to proceed on appeal in forma

pauperis, and a request for "an expansion of time" "to file

remaining documents";

(6) On May 25, 2021, the court found that Burgess

failed to submit information required by HRAP Form 4, consistent

with HRAP Rule 24(a). The court denied the request for leave to

proceed on appeal in forma pauperis without prejudice to Burgess,

within ten days from the order, either (a) filing in this case a

motion for leave to proceed on appeal in forma pauperis that

complies with HRAP Rule 24(a) and provides the information in

Form 4, or (b) paying the filing fees in the full amount to the

Supreme Court Clerk's Office. The court cautioned Burgess that

failure to file the motion for leave to proceed on appeal in

forma pauperis or pay the filing fees may result in the appeal

being dismissed. See HRAP Rule 24(c). Further, the court denied

Burgess's request for "an expansion of time" "to file remaining

documents" because the requested relief was unclear;

(7) Burgess took no further action in this appeal; and

(8) 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.

DATED: Honolulu, Hawai#i, June 9, 2021.

/s/ Lisa M. Ginoza

Chief Judge

/s/ Alexa D.M. Fujise

Associate Judge

/s/ Clyde J. Wadsworth

Associate Judge

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