Opinion
CAAP-21-0000086
01-26-2022
NADETH M. GUITY, Petitioner-Appellee, v. WALTER N. GUITY, Respondent-Appellant
NOT FOR PUBLICATION IN WEST'S HAWAI'I REPORTS AND PACIFIC REPORTER
APPEAL FROM THE FAMILY COURT OF THE FIRST CIRCUIT (FC-DA NO. 10-1-6266)
By: Ginoza, Chief Judge, Hiraoka and McCullen, JJ.
ORDER DISMISSING APPEAL FOR LACK OF APPELLATE JURISDICTION
Upon review of the record, this court lacks jurisdiction over this appeal because the Notice of Appeal, filed February 25, 2021, seeks to appeal from an Order Denying Motion And Declaration To Dissolve (Order), filed by the Family Court of the First Circuit on October 5, 2020, but the Notice of Appeal was filed more than thirty days after the Order. The Notice of Appeal is therefore untimely. See Hawai'i Rules of Appellate Procedure (HRAP) Rule 4(a)(1); Grattafiori v. State, 79 Hawai'i 10, 13, 897 P.2d 937, 940 (1995) ("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.") (citations and internal quotation marks omitted); 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.").
Therefore, IT IS HEREBY ORDERED that the appeal is dismissed for lack of jurisdiction.