Gleason v. Administrative Director of the Courts
This text of Gleason v. Administrative Director of the Courts (Gleason v. Administrative Director of the Courts) is published on Counsel Stack Legal Research, covering Hawaii Intermediate Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER
Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 24-FEB-2023 08:03 AM Dkt. 13 ODSLJ NO. CAAP-XX-XXXXXXX
IN THE INTERMEDIATE COURT OF APPEALS
OF THE STATE OF HAWAI I
YUKI GLEASON, Petitioner-Appellant, v. ADMINISTRATIVE DIRECTOR OF THE COURTS, Respondent-Appellee
APPEAL FROM THE DISTRICT COURT OF THE FIRST CIRCUIT HONOLULU DIVISION (CASE NO. 1DAA-22-00010)
ORDER DISMISSING APPEAL (By: Wadsworth, Presiding Judge, Nakasone and Chan, JJ.) Upon review of the record, it appears that:
1. On January 12, 2023, the District Court of the
First Circuit, Honolulu Division (District Court) entered a
Notice of Entry of Judgment and/or Order and Plea/Judgment
(Notice) in Case No. 1DAA-22-00010. The Notice affirms the
August 5, 2022 Notice of Administrative Review Decision
(Revocation), entered by the Administrative Driver's License
Revocation Office, which sustained the revocation of Petitioner-
Appellant Yuki Gleason's (Gleason) driver's license.
2. On January 31, 2023, the District Court entered,
inter alia, a "Decision and Order Affirming Administrative
Revocation" (Written Order), which contains the District Court's
findings of fact and conclusions of law (FOFs and COLs) and
purports to affirm the Revocation, and a corresponding "Judgment NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER
on Appeal" (Judgment), which purports to enter a judgment as to
the Written Order.
3. On February 2, 2023, Gleason filed a Notice of
Appeal from the Notice, creating Case No. CAAP-XX-XXXXXXX.
4. On February 16, 2023, Gleason filed a Notice of
Appeal from the Written Order, creating this appeal, Case No.
CAAP-XX-XXXXXXX.
5. The Notice is the operative final judgment in Case
No. 1DAA-22-00010, as it affirms the Revocation, and thereby ends
the proceedings, leaving nothing further to be accomplished.
Hawaii Revised Statutes § 641-1(a) (2016); Casumpang v. ILWU,
Local 142, 91 Hawai i 425, 426, 984 P.2d 1251, 1252 (1999).
Though the Written Order also purports to affirm the Revocation,
entry of the Judgment does not trigger a new period for
appealing. Casumpang, 91 Hawai i at 426, 984 P.2d at 1252;
Lotenschtein v. Stoebner Holdings, Inc., No. 26043, 2004 WL
1080215, at *1 (Haw. May 12, 2004) (Dismissal Order); Cannoles v.
Teach for Am. Agent, No. CAAP-XX-XXXXXXX, 2019 WL 4391234, at *1
(App. Sept. 13, 2019) (Dismissal Order).
6. Gleason timely appealed from the Notice in Case No.
CAAP-XX-XXXXXXX; therefore, the court has jurisdiction in that
appeal. Hawai i Rules of Appellate Procedure (HRAP)
Rule 4(a)(1).
7. Despite that Gleason now purports to appeal from
the Written Order, the time to appeal runs from entry of the
Notice; thus, the instant appeal is untimely. HRAP Rule 4(a)(1);
Grattafiori v. State, 79 Hawaii 10, 13, 897 P.2d 937, 940 (1995).
2 NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER
8. We construe the Written Order as the District
Court's separately stated FOFs and COLs, entered pursuant to
Rule 52(a) of the District Court Rules of Civil Procedure
(DCRCP). Gleason's appeal in Case No. CAAP-XX-XXXXXXX already
brings up for review said FOFs and COLs, per DCRCP Rule 52(a);
accordingly, the instant appeal is duplicative of the appeal in
Case No. CAAP-XX-XXXXXXX, and thus, superfluous.
Therefore, IT IS HEREBY ORDERED that Case No. CAAP-23-
0000077 is dismissed.
DATED: Honolulu, Hawai i, February 24, 2023.
/s/ Clyde J. Wadsworth Presiding Judge
/s/ Karen T. Nakasone Associate Judge
/s/ Derrick H.M. Chan Associate Judge
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