Background
T.A., appearing without counsel, filed a notice of appeal from the Family Court of the First Circuit on June 23, 2026. Two days later, the family court clerk notified T.A. that appellate filing fees had not been paid and warned that the appeal could be dismissed or the notice of appeal stricken unless the fees were paid or waived.
The record on appeal was due by August 24, 2026. The following day, the family court clerk filed a declaration that the record had not been filed because the filing fees remained unpaid. On August 26, the appellate clerk entered a default of the record, advised T.A. that the appeal had not been docketed because no fees had been paid and no in forma pauperis order had been obtained, and stated that dismissal could follow. T.A. took no further action.
The Court’s Holding
The Hawaii Intermediate Court of Appeals dismissed the appeal. Under Hawaii Rules of Appellate Procedure Rule 11(b)(2) and (c)(2), an appeal may be dismissed when the record on appeal has not been prepared because the appellant did not pay the required fees or obtain permission to proceed in forma pauperis.
The court concluded that those circumstances were present: T.A. had not paid the filing fees, had not secured an in forma pauperis order, and had not sought relief from the default of the record after receiving notice.
Key Takeaways
- An appellant must pay appellate filing fees or obtain an in forma pauperis order to move an appeal forward.
- Failure to pay fees can prevent preparation and filing of the record on appeal.
- An appeal may be dismissed after a record default when the appellant takes no corrective action.
Why It Matters
The order illustrates that procedural obligations apply to self-represented appellants. A notice of appeal alone does not preserve an appeal when the appellant fails to satisfy filing-fee requirements or timely seek a waiver.