Szymanski v. Maharaj

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NO. 24908 IN THE SUPREME COURT OF THE STATE OF HAWAI#I WOJCIECH SZYMANSKI, Plaintiff-Appellant vs. LESLIE C. MAHARAJ, Defendant-Appellee APPEAL FROM THE DISTRICT COURT OF THE FIRST CIRCUIT (CIV. NO. 1RC01-5341) ORDER DISMISSING APPEAL (By: Moon, C.J., Levinson, Nakayama, Ramil, and Acoba, JJ.) Upon review of the record, it appears that we do not have appellate jurisdiction over Plaintiff-Appellant Wojciech Szymanski s (Appellant Szymanski) appeal from the December 6, 2001 oral ruling in favor of Defendant-Appellee Maharaj (Maharaj) and against Appellant Szymanski. strictly statutory. The right to an appeal is State v. Ontiveros, 82 Hawai#i 446, 449, 923 P.2d 388, 391 (1996) (citation omitted). HRS § 641-1(a) (1993) authorizes appeals in civil matters from final judgments, orders, or decrees of district courts, subject to Rule 4(a)(1) of the Hawai#i Rules of Appellate Procedure (HRAP), which provides that [w]hen a civil appeal is permitted by law, the notice of appeal shall be filed within 30 days after entry of the judgment or appealable order. HRAP Rule 4(a)(5) clarifies that [a] judgment or order is entered when it is filed in the office of the clerk of the court. The district court has not filed a written order or judgment reflecting its December 6, 2001 oral ruling, and, thus, Appellant Szymanski s appeal is premature and we lack appellate jurisdiction. Accordingly, IT IS HEREBY ORDERED that this appeal is dismissed for lack of appellate jurisdiction. DATED: Honolulu, Hawai#i, April 29, 2002. 2

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