Opinion
25951
October 20, 2003.
APPEAL FROM THE FIRST CIRCUIT COURT (CIV. NO. 02-1-2986)
ORDER DISMISSING APPEAL
Upon review of the record, it appears that we do not have jurisdiction over Plaintiff-Appellant William Toyama's (Appellant Toyama) appeal, because Appellant Toyama did not file his July 7, 2003 notice of appeal within thirty days after entry of the June 2, 2003 judgment, as Rule 4(a)(1) of the Hawaii Rules of Appellate Procedure (HRAP) required. The failure of Appellant Toyama to file a timely notice of appeal is a jurisdictional defect that the parties cannot waive and we cannot disregard in the exercise of judicial discretion. Bacon v. Karlin, 68 Haw. 648, 650, 727 P.2d 1127, 1129 (1986); HRAP Rule 26(b) ("[N]o court or judge or justice thereof is authorized to change the jurisdictional requirements contained in Rule 4 of [the HRAP]."). Therefore, we lack jurisdiction over this appeal. Accordingly,
IT IS HEREBY ORDERED that this appeal is dismissed for lack of appellate jurisdiction.