Kenny v. Roberts - Appeal Dismissal

Hawaii Intermediate Court of Appeals

Filed March 4th, 2026

Detected March 5th, 2026

Summary

The Hawaii Intermediate Court of Appeals has dismissed the appeal in Kenny v. Roberts (Docket No. CAAP-25-0000729). The dismissal is due to the appellant's failure to pay required filing fees after being ordered to do so.

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What changed

The Hawaii Intermediate Court of Appeals issued an order dismissing the appeal in the case of Kenny v. Roberts. The dismissal stems from the appellant's failure to comply with a prior court order requiring payment of appellate filing fees within 10 days. The court cited Hawaii Rules of Appellate Procedure Rule 24(c) as grounds for the dismissal.

This action means the appeal will not proceed. Legal professionals involved in similar cases should ensure timely payment of all required court fees to avoid dismissal. While no specific penalty is mentioned beyond dismissal, non-compliance with court orders can have significant procedural consequences.

What to do next

Ensure timely payment of all appellate filing fees as ordered by the court.

Penalties

Dismissal of appeal

Source document (simplified)

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March 4, 2026 Get Citation Alerts Download PDF Add Note

Kenny v. Roberts

Hawaii Intermediate Court of Appeals

Citations: None known
Docket Number: CAAP-25-0000729
Opinion
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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NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS OR THE PACIFIC REPORTER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
10:19 AM
Dkt. 15 ORD

NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS
OF THE STATE OF HAWAI#I

STEPHEN RICHARD KENNY, Petitioner-Appellant v.
CELIA E. ROBERTS, 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