Full Opinion

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 06-NOV-2026 07:52 AM Dkt. 19 ODSD NO. CAAP-XX-XXXXXXX IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI I TONG JIN SU, individually and as Representative of Dae Han Shipping Agency, Inc., Plaintiff/Counterclaim Defendant-Appellant, v. YOUNGJAE JUNG, SU JIN CHOI, JAMES KIM,INC., HONGTO CO. LTD., Defendants-Appellees, and DAE HAN SHIPPING AGENCY, INC., Defendant/Counterclaimant-Appellee, and JOHN DOES 1-10, JANE DOES 1-10, DOE PARTNERSHIPS 1-10, DOE CORPORATIONS 1-10, DOE LIMITED LIABILITY COMPANIES 1-10, DOE ENTITIES 1-10 AND DOE GOVERNMENTAL UNITS 1-10, Defendants. APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CASE NO. 1CC181000551) ORDER DISMISSING APPEAL (By: Nakasone, Chief Judge, Wadsworth and Gluck, JJ.) Upon review of the record, it appears that: (1) The appellate clerk opened this appellate case on July 23, 2026, pursuant to this court's July 22, 2026 order in CAAP-XX-XXXXXXX addressing complications arising in that case from a joint notice of appeal among parties whose briefs raised points of error specific to each party, and an amended notice of appeal filed by Plaintiff/Counterclaim Defendant-Appellant herein Tong Jin Su (Su), who was not identified as an appellant or filing party in the CAAP-XX-XXXXXXX joint notice of appeal; (2) The July 22, 2026 order in CAAP-XX-XXXXXXX required Su to pay the filing fees for the instant appellate case within NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER fourteen (14) days from the date the appellate clerk opened this appellate case, and cautioned that failure to pay the filing fees may result in Su's appeal being dismissed; (3) The record on appeal was due on or before September 21, 2026, see Hawai i Rules of Appellate Procedure (HRAP) Rule 11(b)(1), but was not filed because Su failed to pay the filing fees or obtain a fee waiver; (4) On September 22, 2026, the appellate clerk entered a default of the record on appeal, informing Su that the time to docket the appeal had expired, Su had not paid the filing fees or obtained an order allowing Su to proceed on appeal in forma pauperis, the matter would be brought to the court's attention on October 2, 2026, for action that may include dismissal of the appeal, and Su could seek relief from default by motion; and (5) Su has not taken any further action in response to the default of the record on appeal. An appeal may be dismissed where the record on appeal has not been prepared because the appellant failed to pay the required fees or obtain an order allowing the appellant to proceed in forma pauperis. HRAP Rule 11(b)(2), (c)(2). Therefore, IT IS HEREBY ORDERED that the appeal is dismissed. DATED: Honolulu, Hawai i, November 6, 2026. /s/ Karen T. Nakasone Chief Judge /s/ Clyde J. Wadsworth Associate Judge /s/ Daniel M. Gluck Associate Judge 2