NO. 25846
IN THE SUPREME COURT OF THE STATE OF HAWAI`I
CHALON INTERNATIONAL OF HAWAI`I, INC., a Hawai`i corporation, Plaintiff-Appellee
vs.
JOSEPHINE RABAGO, Defendant-Appellant
and
PARADISE PRAWNS, INC. (Lessee), et al., Defendants
APPEAL FROM THE THIRD CIRCUIT COURT
(CIV. NO. 00-1-0413)
ORDER DISMISSING APPEAL
(By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.)
Upon review of appellant's statement of jurisdiction, appellee's motion
to dismiss appeal and the record, it appears
that the judgment entered on September 19, 2001 was the appealable
final judgment in Civil No. 00-1-0413. The time for appealing the judgment
was not extended by the motion for new trial filed on August 22, 2002,
more than ten days after entry of the September 19, 2001 judgment. See
HRAP 4(a)(3). The May 20, 2003 notice of appeal, filed twenty months after
judgment was entered, is an untimely appeal of the September 19, 2001 judgment. See
HRAP 4(a)(1)("[T]he notice of appeal shall be filed within 30 days after
entry of the judgment or appealable order."). Thus, we lack jurisdiction
over this appeal. See
HRAP 26(b); Bacon v. Karlin,
68 Haw. 648, 650, 727 P.2d 1127, 1128 (1986)(The failure of an appellant
to file a timely notice of appeal in a civil matter is a jurisdictional
defect that can neither be waived by the parties nor disregarded by the
appellate court in the exercise of judicial discretion). Therefore,
IT IS HEREBY ORDERED that this appeal is dismissed for lack of appellate jurisdiction.
DATED: Honolulu, Hawai`i, September 16, 2003.