Martin v. Advance Processing Systems, Inc.
Annotate this Case
Download PDF
*** NO T FO R PUBLICATION *** NO. 26029 IN THE SUPREME COURT OF THE STATE OF HAWAI#I ALVIN MARTIN, Claimant-Appellant vs. ADVANCE PROCESSING SYSTEMS, INC., Employer-Appellee and ACE USA/ESIS, Insurance Carrier-Appellee APPEAL FROM THE LABOR AND INDUSTRIAL RELATIONS APPEALS BOARD (CASE NO. AB 2003-118) ORDER DISMISSING APPEAL (By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.) Upon review of the statement contesting jurisdiction, the motion to dismiss appeal and the record, it appears that notice of appeal from the May 28, 2003 order of the Labor and Industrial Relations Appeals Board (LIRAB) must have been filed within thirty days after mailing of a certified copy of the decision or order. HRS § 386-88; see also HAR § 12-47-53(a). A certified copy of the May 28, 2003 order was mailed to the parties by the LIRAB on May 28, 2003. Appellant s notice of appeal was filed on August 12, 2003, more than thirty days after the May 28, 2003 order was mailed. and we lack jurisdiction. Thus, this appeal is untimely See Kissell v. Labor and Industrial Relations Appeal Board, 57 Haw. 37, 38, 549 P.2d 470, 470 (1976) ( [T]he time for filing a written notice of appeal as provided by [HRS § 386-88] is mandatory. ); Bacon v. Karlin, 68 Haw. 648, *** NO T FO R PUBLICATION *** 650, 727 P.2d 1127, 1128 (1986)(The failure to file a timely notice of appeal in a civil case is a jurisdictional defect that can neither be waived by the parties nor disregarded by the appellate court in the exercise of judicial discretion.). Therefore, IT IS HEREBY ORDERED that this appeal is dismissed for lack of appellate jurisdiction. DATED: Honolulu, Hawai#i, December 19, 2003. 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.
