Alos v. Del Cruise
CourtHawaii Intermediate Court of Appeals
Date FiledOctober 2, 2026
DocketCAAP-26-0000415
StatusPublished
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Full Opinion
NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER
Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
02-OCT-2026
08:02 AM
Dkt. 15 ODSD
NO. CAAP-XX-XXXXXXX
IN THE INTERMEDIATE COURT OF APPEALS
OF THE STATE OF HAWAIʻI
JULIA ANN ALOS, Petitioner-Appellee,
v.
CYRIL DEL CRUISE, Respondent-Appellant.
APPEAL FROM THE DISTRICT COURT OF THE THIRD CIRCUIT
SOUTH KOHALA DIVISION
(CASE NO. 3DSS-XX-XXXXXXX)
ORDER DISMISSING APPEAL
(By: Hiraoka, Presiding Judge, Wadsworth and Gluck, JJ.)
Upon review of the record, it appears that:
(1) On May 27, 2026, self-represented Respondent-
Appellant Cyril Del Cruise (Del Cruise) filed the notice of
appeal in this case;
(2) On June 8, 2026, the district court clerk notified
Del Cruise that the filing fees had not been paid, and cautioned
Del Cruise that failure to pay the fees or obtain a waiver may
result in the appeal being dismissed;
(3) The record on appeal was due on or before July 27,
2026, see Hawaiʻi Rules of Appellate Procedure (HRAP)
NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER
Rule 11(b)(1), but was not filed because Del Cruise failed to
pay the filing fees or obtain a fee waiver;
(4) On July 29, 2026, the appellate clerk entered a
default of the record on appeal, informing Del Cruise that the
time to docket the appeal had expired, Del Cruise had not paid
the filing fees or obtained an order allowing Del Cruise to
proceed on appeal in forma pauperis, the matter would be brought
to the court's attention on August 10, 2026, for action that may
include dismissal of the appeal, and Del Cruise could seek
relief from default by motion;
(5) The appellate clerk conventionally served the
default notice upon Del Cruise and the United States Postal
Service returned the mail "Unclaimed – Unable to Forward"; and
(6) Del Cruise has not filed a change of address, as
required by HRAP Rule 25(f), or taken any further action in this
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, Hawaiʻi, October 2, 2026.
/s/ Keith K. Hiraoka
Presiding Judge
/s/ Clyde J. Wadsworth
Associate Judge
/s/ Daniel M. Gluck
Associate Judge
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