Opinion
NO. CAAP-15-0000604
04-01-2016
STATE OF HAWAI'I, Plaintiff-Appellee, v. HOPE L. CERMELJ, Defendant-Appellant
NOT FOR PUBLICATION IN WEST'S HAWAI'I REPORTS AND PACIFIC REPORTER APPEAL FROM THE DISTRICT COURT OF THE THIRD CIRCUIT
(CASE NO. 3DTI-15-037438) ORDER DISMISSING THE APPEAL FOR LACK OF APPELLATE JURISDICTION
(By: Foley, Presiding Judge, Leonard and Ginoza, JJ.)
Upon review of the records in CAAP-15-0000604, it appears that we lack appellate jurisdiction in this case. Defendant-Appellant appeals from the Judgment After Trial De Novo and Notice of Entry of Judgment entered on July 23, 2015 in the District Court of the Third Circuit. Appellant had until Monday August 24, 2015 to file a Notice of Appeal. Hawai'i Rules of Appellate Procedure (HRAP) Rule 4(a). A Notice of Appeal was filed on August 25, 2015, more than thirty days after entry of the July 23, 2015 Judgment After Trial De Novo and Notice of Entry of Judgment. Therefore, the appeal was untimely. HRAP Rule 4(a)(1). "[C]ompliance with the requirement of the timely filing of a notice of appeal is jurisdictional." State v. Brandimart, 68 Haw. 495, 496, 720 P.2d 1009, 1010 (1986).
Therefore, IT IS HEREBY ORDERED that the appeal is dismissed for lack of appellate jurisdiction.
DATED: Honolulu, Hawai'i, April 1, 2016.
/s/
Presiding Judge
/s/
Associate Judge
/s/
Associate Judge