In Re: P.G.

• Court: Hawaii Intermediate Court of Appeals
• Decided: April 23, 2024
• Docket: CAAP-23-0000536
• Status: Published

Opinion

NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 23-APR-2024 08:15 AM Dkt. 53 ODSLJ

NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI#I

IN THE INTEREST OF P.G.

APPEAL FROM THE FAMILY COURT OF THE THIRD CIRCUIT (FC-S NO. 22-0046)

ORDER DISMISSING APPEAL FOR LACK OF JURISDICTION (By: Leonard, Acting Chief Judge, Wadsworth and McCullen, JJ.)

Upon review of the record, it appears that Mother-

Appellant N.G. filed a self-represented1 appeal from a June 16,

2023 Order Concerning Child Protective Act, entered by the Family

Court of the Third Circuit in FC-S No. 22-0046. The September

13, 2023 notice of appeal was filed more than thirty days after

the order appealed-from, and the deadline to appeal was not

tolled or extended. The notice of appeal is therefore untimely.

See Hawai#i Rules of Appellate Procedure (HRAP) Rule 4(a)(1);

Grattafiori v. State, 79 Hawai#i 10, 13, 897 P.2d 937, 940 (1995)

("As a general rule, compliance with the requirement of the

1 Though Appellant is represented by court-appointed counsel, she filed the appeal pro se. NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

timely filing of a notice of appeal is jurisdictional, . . . and

we must dismiss an appeal on our motion if we lack jurisdiction."

(citations & internal quotation marks omitted)); HRAP Rule 26(b)

("[N]o court or judge or justice is authorized to change the

jurisdictional requirements contained in Rule 4 of these

rules.").

Therefore, IT IS HEREBY ORDERED that the appeal is

dismissed for lack of jurisdiction.

DATED: Honolulu, Hawai#i, April 23, 2024. /s/ Katherine G. Leonard Acting Chief Judge

/s/ Clyde J. Wadsworth Associate Judge

/s/ Sonja M.P. McCullen Associate Judge