Su v. Jung
CourtHawaii Intermediate Court of Appeals
Date FiledNovember 6, 2026
DocketCAAP-26-0000531
StatusPublished
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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NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER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NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER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
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