NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER
Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
26-JAN-2022
08:03 AM
Dkt. 33 ODSLJ
NO. CAAP-XX-XXXXXXX
IN THE INTERMEDIATE COURT OF APPEALS
OF THE STATE OF HAWAI#I
NADETH M. GUITY, Petitioner-Appellee, v.
WALTER N. GUITY, Respondent-Appellant
APPEAL FROM THE FAMILY COURT OF THE FIRST CIRCUIT
(FC-DA NO. 10-1-6266)
ORDER DISMISSING APPEAL FOR LACK OF APPELLATE JURISDICTION
(By: Ginoza, Chief Judge, Hiraoka and McCullen, JJ.)
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
NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER
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.
DATED: Honolulu, Hawai#i, January 26, 2022.
/s/ Lisa M. Ginoza
Chief Judge
/s/ Keith K. Hiraoka
Associate Judge
/s/ Sonja M.P. McCullen
Associate Judge
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