Fukuda v. Wong ( 2023 )

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER
Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
20-OCT-2023
08:06 AM
Dkt. 15 ODSLJ
NO. CAAP-XX-XXXXXXX
IN THE INTERMEDIATE COURT OF APPEALS
OF THE STATE OF HAWAI I
MARK FUKUDA, Plaintiff-Appellant, v.
DR. WILLIAM WONG, SR., individually and as President & CEO of
HAWAII DERMATOLOGY & SURGERY, INC.;
HAWAII DERMATOLOGY & SURGERY, INC., Defendants-Appellees
APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT
(CIVIL NO. 1CCV-XX-XXXXXXX)
ORDER DISMISSING APPEAL FOR LACK OF JURISDICTION
(By: Leonard, Presiding Judge, McCullen and Guidry, JJ.)
Upon review of the record, it appears that self-
represented Plaintiff-Appellant Mark Fukuda (Fukuda) appeals from
the June 23, 2023 Final Judgment entered by the Circuit Court of
the First Circuit. Fukuda filed his October 10, 2023 notice of
appeal more than 30 days after entry of the Final Judgment, which
is outside of the deadline set forth in Hawai i Rules of
Appellate Procedure (HRAP) Rule 4(a)(1). The record does not
indicate that Fukuda received an extension of time to appeal
under HRAP Rule 4(a)(4), or that the deadline was otherwise
tolled by a timely-filed post-judgment motion under HRAP
Rule 4(a)(3). Compliance with the requirement of timely filing a
notice of appeal is jurisdictional. Grattafiori v. State, 79
Hawai i 10, 13, 897 P.2d 937, 940 (1995); see also Hawai i Rules
of Civil Procedure Rule 77(d) ("Lack of notice of the entry [of a
judgment] by the clerk or failure to make such service does not
affect the time to appeal or relieve or authorize the court to
NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER
relieve a party for failure to appeal within the time
allowed[.]").
Therefore, IT IS HEREBY ORDERED that the appeal is
dismissed for lack of jurisdiction.
IT IS FURTHER ORDERED that all pending motions are
dismissed.
DATED: Honolulu, Hawai i, October 20, 2023.
/s/ Katherine G. Leonard
Presiding Judge
/s/ Sonja M.P. McCullen
Associate Judge
/s/ Kimberly T. Guidry
Associate Judge
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