Hawaiian Ranchos Road Maintenance Corporation v. Halvorsen ( 2022 )

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER
Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
15-DEC-2022
07:50 AM
Dkt. 25 ODSLJ
NO. CAAP-XX-XXXXXXX
IN THE INTERMEDIATE COURT OF APPEALS
OF THE STATE OF HAWAI I
HAWAIIAN RANCHOS ROAD MAINTENANCE CORPORATION,
Plaintiff/Counterclaim Defendant-Appellee, v.
JERRY HALVORSEN, Defendant/Counterclaimant-Appellant, and
JUDITH BOND, Defendant-Appellant, and LARRY SHELTON;
GEORGE CLINE; RAY RAQUINIO; JERRY FINE,
Defendants/Counterclaimants-Appellees, and
NANCY BONDURANT, Defendant-Appellee, and DOES 1-20, Defendants
APPEAL FROM THE CIRCUIT COURT OF THE THIRD CIRCUIT
(CIVIL NO. 3CC181000222)
ORDER GRANTING MOTION TO DISMISS APPEAL
(By: Leonard, Presiding Judge, McCullen and Chan, JJ.)
Upon consideration of Plaintiff/Counterclaim Defendant-
Appellee Hawaiian Ranchos Road Maintenance Corporation's
November 8, 2022 Motion to Dismiss Appeal, the papers in support,
the record, and there being no timely opposition, it appears:
(1) The Circuit Court of the Third Circuit entered a
Final Judgment on September 6, 2022;
(2) Self-represented Defendant/Counterclaimant-
Appellant Jerry Halvorsen and Defendant-Appellant Judith Bond
(Appellants) filed the November 4, 2022 notice of appeal more
than thirty (30) days thereafter, which is outside of the
deadline set forth in Hawai i Rules of Appellate Procedure (HRAP)
Rule 4(a)(1); and
(3) the record does not indicate that Appellants
received an extension of time to appeal under HRAP Rule 4(a)(4),
or that the deadline was otherwise tolled by a timely-filed
NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER
post-judgment motion under HRAP Rule 4(a)(3), Grattafiori v.
State, 79 Hawai i 10, 13, 897 P.2d 937, 940 (1995); HRAP
Rule 4(a)(4).
Thus, this court lacks jurisdiction over the appeal.
Therefore, IT IS HEREBY ORDERED that the appeal is
dismissed for lack of jurisdiction.
DATED: Honolulu, Hawai i, December 15, 2022.
/s/ Katherine G. Leonard
Presiding Judge
/s/ Sonja M.P. McCullen
Associate Judge
/s/ Derrick H.M. Chan
Associate Judge
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