Opinion
NO. CAAP-20-0000553
03-18-2021
JIMMY FILOMENO ENOCENCIO, Defendant-Counterclaim Defendant/Appellant, v. KAMEHAMEHA SCHOOLS BISHOP ESTATE, AKA: KSBE; PRESIDENT, OFFICERS, BOARD OF DIRECTORS, TRUSTEES, AND DOES 1-10 INCLUSIVE; KAMEHAMEHA SCHOOLS-LAND ASSET DIVISION-HAWAI'I ISLAND, AKA: KS-LAD-HI NAMELY, MARISSA HARMON, LEANNE OKAMOTO, ALAPAKI NAHALE'A, JAIME WONG, DALE FERGUSTROM, TANYA ANDRADE, KA'E'O DUARTE, NEIL HANNAHS, Defendants-Counterclaimants/Appellees, and DOES 1-10 INCLUSIVE, Defendants
NOT FOR PUBLICATION IN WEST'S HAWAI'I REPORTS AND PACIFIC REPORTER APPEAL FROM THE CIRCUIT COURT OF THE THIRD CIRCUIT
(CIVIL NO. 3CC181000090) ORDER GRANTING MOTION TO DISMISS APPEAL
(By: Hiraoka, Presiding Judge, Wadsworth and Nakasone, JJ.)
Upon consideration of the Motion to Dismiss Plaintiff-Appellant's Appeal (Motion), filed February 24, 2021, by Defendants-Counterclaimants/Appellees The Trustees of The Estate of Bernice Pauahi Bishop, the papers in support and in opposition, it appears we lack appellate jurisdiction over self-represented Defendant-Counterclaim Defendant/Appellant Jimmy Filomeno Enocencio's (Enocencio) appeal from the Circuit Court of the Third Circuit's July 21, 2020 First Amended Final Judgment (Amended Judgment), in Civil No. 3CC181000090, because the appeal is untimely.
Enocencio did not file the notice of appeal within thirty days after entry of the Amended Judgment, as required by Hawai'i Rules of Appellate Procedure (HRAP) Rule 4(a)(1), and it appears he did not obtain an extension of time. "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." Grattafiori v. State, 79 Hawai'i 10, 13, 897 P.2d 937, 940 (1995) (cleaned up); see HRAP Rule 26(b) ("[N]o court or judge or justice is authorized to change the jurisdictional requirements contained in Rule 4 of these rules."). Because Enocencio did not timely file the notice of appeal, the court lacks appellate jurisdiction.
Accordingly, IT IS HEREBY ORDERED that the Motion is granted and the appeal is dismissed for lack of appellate jurisdiction.
DATED: Honolulu, Hawai'i, March 18, 2021.
/s/ Keith K. Hiraoka
Presiding Judge
/s/ Clyde J. Wadsworth
Associate Judge
/s/ Karen T. Nakasone
Associate Judge