IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAII
March 19, 2012
DLJ MORTGAGE CAPITAL, INC.,
MARK A. FROST, DEFENDANT-APPELLANT, AND ASSOCIATION OF APARTMENT OWNERS OF PUUIKI HALE, ET AL.,
DEFENDANTS ASSOCIATION OF APARTMENT OWNERS OF PUUIKI HALE,
MARK ANTHONY FROST, AND KIMBERLY MARLO FROST, AKA KIMBERLY M. FROST,
APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CIVIL NO. 11-1-0357-02)
NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS AND PACIFIC REPORTER
ORDER DISMISSING APPEAL PURSUANT TO HRAP RULE 11(c)(2)
(By: Foley, Presiding Judge, Fujise and Leonard, JJ.)
Upon review of the record, it appears that:
(1) on December 9, 2011, Defendant-Appellant Mark Frost (Appellant) filed a notice of appeal; (2) on December 16, 2011, the court denied Appellant's request to proceed on appeal in forma pauperis; (3) on February 16, 2012, the appellate clerk notified Appellant that: (a) the filing fee was not paid and the record could not be prepared and filed without payment of the filing fee or an order allowing Appellant to proceed in forma pauperis pursuant to Hawaii Rules of Appellate Procedure (HRAP) Rule 24; and (b) the matter would be called to the attention of the court on February 26, 2012 for action as the court deemed proper pursuant to HRAP Rule 11(c)(2), including dismissal of the appeal; and (4) thereafter, Appellant took no further action in this appeal.
Therefore, IT IS HEREBY ORDERED that the appeal is dismissed.
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