A.B. v. R.L. — Appeal dismissed for failure to pay filing fees or renew request for fee waiver

Case
A.B. v. R.L.
Court
Hawaii Intermediate Court of Appeals
Judge
Karen T. Nakasone (David Y. Ige, 2020); Sonja M.P. McCullen (David Ige, 2021)
Date Decided
July 27, 2026
Docket No.
CAAP-26-0000399
Topics
Appellate Procedure, Filing Fees, In Forma Pauperis, Dismissal
Source
Read the full opinion

Background

Self-represented Defendant-Appellant R.L. filed a notice of appeal on May 26, 2026, from a proceeding in the Family Court of the First Circuit. On June 24, 2026, the Intermediate Court of Appeals denied R.L.’s motion for leave to proceed on appeal in forma pauperis.

The June 24 order required R.L., within ten days, either to file a motion for leave to proceed in forma pauperis in the underlying family-court case or to pay the appellate filing fees in full. It warned that noncompliance could result in dismissal. R.L. did neither before the deadline expired. Meanwhile, counsel for Plaintiff-Appellee A.B. moved to withdraw, stating that A.B. was prepared to proceed without counsel.

The Court’s Holding

The Intermediate Court of Appeals dismissed the appeal because R.L. failed to comply with the June 24 order by either paying the filing fees or seeking in forma pauperis status in the underlying case. The court relied on Hawaiʻi Rules of Appellate Procedure Rule 24(c), which permits dismissal when an unsuccessful fee-waiver applicant fails to pay the unpaid filing fees or provide security for costs.

The court also granted Noah H. Gibson’s motion to withdraw as counsel for A.B. and directed the appellate clerk to remove Gibson and Megan N. Risso from the case-management system. It ordered A.B. to proceed self-represented unless new counsel entered an appearance.

Key Takeaways

  • An appellant who is denied leave to proceed in forma pauperis must comply with the court’s directions for renewing the request or paying the required fees.
  • Although failure to pay fees does not invalidate an appeal automatically, HRAP Rule 24(c) authorizes the appellate court to dismiss it.
  • The court granted appellee’s counsel permission to withdraw and designated the appellee as self-represented absent an appearance by new counsel.

Why It Matters

The order underscores that procedural defaults concerning appellate filing fees can end an appeal before the court reaches the merits. Self-represented litigants remain responsible for complying with fee-payment deadlines and court instructions governing requests to proceed in forma pauperis.

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