Xie v. Li
CourtHawaii Supreme Court
Date FiledJune 30, 2026
DocketCAAP-26-0000323
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NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER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
30-JUN-2026
12:30 PM
Dkt. 13 ODSD
NO. CAAP-XX-XXXXXXX
IN THE INTERMEDIATE COURT OF APPEALS
OF THE STATE OF HAWAIʻI
LI XIE, Plaintiff/Counterclaim Defendant-Appellant,
and
DEYING XIE, Plaintiff/Counterclaim Defendant-Appellee,
v.
OLIVIA LUCIA LI, Defendant/Counterclaimant-Appellee,
and
SAGE HULS, DOUGLAS SILVA aka DOUG SILVA,
Defendants-Appellees.
APPEAL FROM THE DISTRICT COURT OF THE FIRST CIRCUIT
HONOLULU DIVISION
(CASE NO. 1DRC-XX-XXXXXXX)
ORDER DISMISSING APPEAL
(By: Nakasone, Chief Judge, Wadsworth and Gluck, JJ.)
Upon review of the record, it appears that:
(1) On April 7, 2026, self-represented
Plaintiff/Counterclaim Defendant-Appellant Li Xie (Xie) filed
the notice of appeal in this case;
(2) On April 9, 2026, the circuit court clerk notified
Xie that the filing fees had not been paid, and cautioned Xie
NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER
that failure to pay the fees or request a waiver may result in
the appeal being dismissed;
(3) The record on appeal was due on or before June 8,
2026, see Hawaiʻi Rules of Appellate Procedure (HRAP)
Rule 11(b)(1), but was not filed because Xie failed to pay the
filing fees or obtain a fee waiver;
(4) On June 17, 2026, the appellate clerk entered a
default of the record on appeal, informing Xie that the time to
docket the appeal had expired, Xie had not paid the filing fees
or obtained an order allowing Xie to proceed on appeal in forma
pauperis, the matter would be brought to the court's attention
on June 29, 2026, for action that may include dismissal of the
appeal, and Xie could seek relief from default by motion; and
(5) Xie has not 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, June 30, 2026.
/s/ Karen T. Nakasone
Chief Judge
/s/ Clyde J. Wadsworth
Associate Judge
/s/ Daniel M. Gluck
Associate Judge
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