KK v. RK

Annotate this Case

Download PDF

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER Electronically Filed Intermediate Court of Appeals CAAP-23-0000071 14-AUG-2023 11:31 AM Dkt. 22 ODSLJ NO. CAAP-23-0000071 IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI I KK, Plaintiff-Appellant, v. RK, Defendant-Appellee APPEAL FROM THE FAMILY COURT OF THE THIRD CIRCUIT (CASE NO. 3FDV-22-0000573) (By: ORDER DISMISSING APPEAL FOR LACK OF JURISDICTION Leonard, Presiding Judge, Nakasone and McCullen, JJ.) Upon review of the record, this court lacks jurisdiction over this appeal because the Notice of Appeal, filed February 9, 2023, seeks to appeal from an Order Dismissing Divorce (Order), entered by the Family Court of the Third Circuit on December 21, 2022, but the Notice of Appeal was filed more than thirty days after the Order, and the deadline to appeal was not tolled or extended. untimely. The Notice of Appeal is therefore 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 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& internal quotation marks omitted); HRAP Rule 26(b) ("[N]o court or judge or justice is authorized to NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER change the jurisdictional requirements contained in Rule 4 of these rules.").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, August 14, 2023. /s/ Katherine G. Leonard Presiding Judge /s/ Karen T. Nakasone Associate Judge /s/ Sonja M.P. McCullen Associate Judge 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.