Mola v. Smith

Opinion

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Electronically Filed

Intermediate Court of Appeals CAAP-XX-XXXXXXX

07-AUG-2024

08:01 AM

Dkt. 9 ODSLJ

NO. CAAP-XX-XXXXXXX

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

VINCENZO MOLA, Petitioner-Appellee, v.

DENISE SMITH, aka DIXIE DENISE VILLA, Respondent-Appellee, and INDIRA LOPEZ-RUIZ, Non-Party Appellant

APPEAL FROM THE DISTRICT COURT OF THE FIRST CIRCUIT HONOLULU DIVISION

(CIVIL NOS. 1DSS-XX-XXXXXXX and 1DSS-XX-XXXXXXX)

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

Upon review of the record, it appears that self-

represented non-party Indira Lopez-Ruiz filed a notice of appeal from the April 3, 2024 order denying a "Petition for Ex Parte Temporary Restraining Order and for Injunction Against Harassment" in 1DSS-XX-XXXXXXX, and the April 12, 2024 order denying a "Petition for Ex Parte Temporary Restraining Order and for Injunction Against Harassment" in 1DSS-XX-XXXXXXX. Lopez- Ruiz filed her notice of appeal on May 31, 2024, after the 30-day deadline in Hawai i Rules of Appellate Procedure (HRAP) Rule 4(a)(1). The record does not show that Lopez-Ruiz received an extension of time to appeal under HRAP Rule 4(a)(4), or that the deadline was tolled by a timely-filed post-judgment motion under HRAP Rule 4(a)(3). Timely filing a notice of appeal is a

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER jurisdictional requirement. Grattafiori v. State, 79 Hawai i 10, 13, 897 P.2d 937, 940 (1995).

Therefore, IT IS HEREBY ORDERED that the appeal is dismissed.

DATED: Honolulu, Hawai i, August 7, 2024.

/s/ Katherine G. Leonard

Acting Chief Judge

/s/ Keith K. Hiraoka

Associate Judge

/s/ Kimberly T. Guidry

Associate Judge