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Livia M. Scotto v. the Corporation Trust

IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAII


July 27, 2012

LIVIA M. SCOTTO,
PETITIONER-APPELLANT,
v.
THE CORPORATION TRUST, ET AL., RESPONDENTS-APPELLANTS

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CIVIL NO. 03-1-0713)

NOT FOR PUBLICATION IN WEST'S HAWAII I REPORTS AND PACIFIC REPORTER

ORDER DISMISSING APPEAL

(By: Nakamura, C.J., Fujise and Reifurth, JJ.)

Upon review of the record, it appears that: (1) on November 15, 2011, Petitioner-Appellant Livia M. Scotto (Scotto) filed an "Ex Parte Motion to Waive Filing Fees and Surcharges Under Hawaii Revised Statutes Chapter 607"; (2) on December 30, 2011, this court denied the motion, ordered Scotto to pay the filing fee for the appeal within ten days from the date of the order, and stated that failure to pay the filing fee would result in dismissal of the appeal; (3) on January 9, 2012, this court denied Scotto's "Motion to Reconsider the December 30, 2011 Order Denying Petitioner Appellant's Motion to Waive Filing Fees and Surcharges Under Hawaii Revised Statutes Chapter 607"; (4) Scotto has not paid the filing fee; and (5) Hawaii Rules of Appellate Procedure (HRAP) Rule 24(c) provides that "[f]ailure of the unsuccessful movant [to proceed in forma pauperis] to pay the unpaid filing fees . . . is ground for such action as the appellate court having jurisdiction over the appeal deems appropriate, and may include dismissal of the appeal."

Therefore, IT IS HEREBY ORDERED that the appeal is dismissed pursuant to HRAP Rule 24.

Chief Judge

Associate Judge

Associate Judge

20120727

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