Cawthon v. Allison

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NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER Electronically Filed Intermediate Court of Appeals CAAP-22-0000412 30-JUN-2023 10:41 AM Dkt. 24 ODSLJ NO. CAAP-22-0000412 IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI I CHRIS CAWTHON, Plaintiff-Appellant, v. GERI ALLISON, Defendant-Appellee APPEAL FROM THE FAMILY COURT OF THE THIRD CIRCUIT (CASE NO. 3DV19100155K) ORDER DISMISSING APPEAL FOR LACK OF JURISDICTION (By: Ginoza, Chief Judge, Wadsworth and Guidry, JJ.) Upon review of the record, it appears that selfrepresented Plaintiff-Appellant Chris Cawthon (Cawthon) appeals from the Divorce Decree entered May 12, 2022, in the Family Court of the Third Circuit. Cawthon failed to file the June 24, 2022 Notice of Appeal within thirty days after entry of the Divorce Decree, as required by Hawai i Rules of Appellate Procedure (HRAP) Rule 4(a)(1), and the record does not indicate that Cawthon received an extension of time to appeal under HRAP Rule 4(a)(4), or that the deadline was otherwise tolled by a timelyfiled post-judgment motion under HRAP Rule 4(a)(3). the appeal is untimely. Accordingly, See HRAP Rule 26(e) ("The reviewing court for good cause shown may relieve a party from a default occasioned by any failure to comply with these rules, except the failure to give timely notice of appeal."); Narmore v. Kawafuchi, 112 Hawai i 69, 81, 143 P.3d 1271, 1283 (2006) ("The requirement that a party timely file a notice of appeal has been held to be jurisdictional by this court."). NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER Therefore, IT IS HEREBY ORDERED that the appeal is dismissed for lack of appellate jurisdiction. IT IS FURTHER ORDERED that all pending motions are dismissed as moot. DATED: Honolulu, Hawai i, June 30, 2023. /s/ Lisa M. Ginoza Chief Judge /s/ Clyde J. Wadsworth Associate Judge /s/ Kimberly T. Guidry Associate Judge 2

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