Opinion
CAAP-22-0000412
06-30-2023
CHRIS CAWTHON, Plaintiff-Appellant, v. GERI ALLISON, Defendant-Appellee
NOT FOR PUBLICATION IN WEST'S HAWAI'I REPORTS AND PACIFIC REPORTER
APPEAL FROM THE FAMILY COURT OF THE THIRD CIRCUIT (CASE NO. 3DV19100155K)
Ginoza, Chief Judge, Wadsworth and Guidry, JJ.
ORDER DISMISSING APPEAL FOR LACK OF JURISDICTION
Upon review of the record, it appears that self represented 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 Hawaii 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 timely-filed post-judgment motion under HRAP Rule 4(a)(3). Accordingly, the appeal is untimely. 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 Hawaii 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.").
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.