Hawaiian Ranchos Road Maintenance Corporation v. Halvorsen

• Court: Hawaii Intermediate Court of Appeals
• Decided: December 15, 2022
• Docket: CAAP-22-0000680
• Status: Published

Opinion

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 15-DEC-2022 07:50 AM Dkt. 25 ODSLJ NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI I

HAWAIIAN RANCHOS ROAD MAINTENANCE CORPORATION, Plaintiff/Counterclaim Defendant-Appellee, v. JERRY HALVORSEN, Defendant/Counterclaimant-Appellant, and JUDITH BOND, Defendant-Appellant, and LARRY SHELTON; GEORGE CLINE; RAY RAQUINIO; JERRY FINE, Defendants/Counterclaimants-Appellees, and NANCY BONDURANT, Defendant-Appellee, and DOES 1-20, Defendants

APPEAL FROM THE CIRCUIT COURT OF THE THIRD CIRCUIT (CIVIL NO. 3CC181000222)

ORDER GRANTING MOTION TO DISMISS APPEAL (By: Leonard, Presiding Judge, McCullen and Chan, JJ.) Upon consideration of Plaintiff/Counterclaim Defendant- Appellee Hawaiian Ranchos Road Maintenance Corporation's November 8, 2022 Motion to Dismiss Appeal, the papers in support, the record, and there being no timely opposition, it appears: (1) The Circuit Court of the Third Circuit entered a Final Judgment on September 6, 2022; (2) Self-represented Defendant/Counterclaimant- Appellant Jerry Halvorsen and Defendant-Appellant Judith Bond (Appellants) filed the November 4, 2022 notice of appeal more than thirty (30) days thereafter, which is outside of the deadline set forth in Hawai i Rules of Appellate Procedure (HRAP) Rule 4(a)(1); and (3) the record does not indicate that Appellants received an extension of time to appeal under HRAP Rule 4(a)(4), or that the deadline was otherwise tolled by a timely-filed NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

post-judgment motion under HRAP Rule 4(a)(3), Grattafiori v. State, 79 Hawai i 10, 13, 897 P.2d 937, 940 (1995); HRAP Rule 4(a)(4). Thus, this court lacks jurisdiction over the appeal. Therefore, IT IS HEREBY ORDERED that the appeal is dismissed for lack of jurisdiction. DATED: Honolulu, Hawai i, December 15, 2022.

/s/ Katherine G. Leonard Presiding Judge

/s/ Sonja M.P. McCullen Associate Judge

/s/ Derrick H.M. Chan Associate Judge