Kenny v. Lange - Appeal Dismissal
Summary
The Hawaii Intermediate Court of Appeals dismissed the appeal in Kenny v. Lange due to the appellant's failure to pay required filing fees. The court issued an order on March 4, 2026, upholding the dismissal based on non-compliance with a prior order.
What changed
The Hawaii Intermediate Court of Appeals issued an order on March 4, 2026, dismissing the appeal in the case of Kenny v. Lange (Docket No. CAAP-25-0000727). The dismissal is based on the appellant's failure to comply with a February 18, 2026 order requiring payment of appellate filing fees within 10 days. The court cited Hawaii Rules of Appellate Procedure Rule 24(c) as grounds for dismissal.
This action signifies the final removal of the appellant's case from the appellate court's docket due to non-payment of fees. Legal professionals involved in appellate cases in Hawaii should ensure timely payment of all required filing fees to avoid dismissal. Failure to comply with court orders regarding fees can lead to the loss of the right to appeal.
What to do next
- Ensure timely payment of all appellate filing fees as ordered by the court.
Penalties
Dismissal of appeal
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March 4, 2026 Get Citation Alerts Download PDF Add Note
Kenny v. Lange
Hawaii Intermediate Court of Appeals
- Citations: None known
Docket Number: CAAP-25-0000727
Combined Opinion
NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS OR THE PACIFIC REPORTER
Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
04-MAR-2026
10:38 AM
Dkt. 16 ORD
NO. CAAP-XX-XXXXXXX
IN THE INTERMEDIATE COURT OF APPEALS
OF THE STATE OF HAWAI#I
STEPHEN RICHARD KENNY, Petitioner-Appellant, v.
DAMARA HARA LANGE, Respondent-Appellee.
APPEAL FROM THE DISTRICT COURT OF THE SECOND CIRCUIT
WAILUKU DIVISION
(CASE NO. 2DSS-XX-XXXXXXX)
ORDER DISMISSING APPEAL
(By: Hiraoka, Presiding Judge, and Wadsworth, and Guidry, JJ.)
Upon review of the record, it appears that:
(1) Self-represented Petitioner-Appellant Stephen
Richard Kenny (Kenny) filed the notice of appeal on October 20,
2025.
(2) The court's February 18, 2026 order denied Kenny's
motion for leave to proceed on appeal in forma pauperis and
stated that within 10 days, Kenny "shall pay the filing fees in
the full amount to the Supreme Court Clerk's Office[,]" and
"[f]ailure to pay the filing fees may result in the appeal being
dismissed."
(3) Kenny has not complied with the February 18, 2026
order, the time for compliance has expired, and Kenny has not
paid the appellate filing fees.
Therefore, IT IS HEREBY ORDERED that the appeal is
dismissed. See Hawai#i Rules of Appellate Procedure Rule 24(c)
("Failure of the unsuccessful movant to pay the unpaid filing
fees or to give security for costs shall not affect the validity
NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS OR THE PACIFIC REPORTER
of the appeal, but is ground for such action as the appellate
court having jurisdiction over the appeal deems appropriate, and
may include dismissal of the appeal.").
DATED: Honolulu, Hawai#i, March 4, 2026.
/s/ Keith K. Hiraoka
Presiding Judge
/s/ Clyde J. Wadsworth
Associate Judge
/s/ Kimberly T. Guidry
Associate Judge
2
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