IN THE SUPREME COURT OF THE STATE OF HAWAI‘I
MEGHAN R.K. CEDILLOS, PHILIP H. CEDILLOS, DBA HAWAIIAN WINDOW,
Plaintiffs-Appellants
vs.
STATE OF HAWAI‘I, RODNEY HARAGA (1) as
Director of the State
Department of Transportation; TOM BUSIC, Individually and
official capacity; LANCE TAKAYAMA, Individually and official
capacity; RAYMOND KAPUNIAI, Individually and official capacity,
Defendants-Appellees
and
APPEAL FROM THE SECOND CIRCUIT COURT
(CIV. NO. 02-1-0577)
Upon consideration of Plaintiffs-Appellants' motion for reconsideration
of order granting Defendants-Appellees' motion to dismiss appeal for lack
of jurisdiction, the papers in support, and the records and files herein,
it appears that: (1) the circuit court entered the final judgment on March
5, 2004, and Appellants filed their notice of appeal on May 20, 2004; (2)
Rule 4(a)(1) of the Hawaii Rules of Appellate Procedure (HRAP) requires
the appellant to file the notice of appeal within thirty days after entry
of the judgment; (3) Appellants did not obtain an extension of time to
file their notice of appeal pursuant to HRAP Rule 4(a)(4), and they did
not file a post judgment motion that would toll the time to file a notice
of appeal pursuant to HRAP Rule 4(a)(3); (4) a motion to stay the judgment
does not extend the time to file a notice of appeal; (5) thus, the May
20, 2004 notice of appeal, which was filed more than thirty days after
entry of the final judgment, was untimely, and the appeal must be dismissed. See Enos
v. Pacific Transfer & Warehouse, 80 Hawai‘i 345, 349, 910 P.2d
116, 120 (1996) (quoting Bacon
v. Karlin, 68 Haw. 648, 650, 727 P.2d 1127, 1129 (1986)) (an appellant's
failure to file a timely notice of appeal is a jurisdictional defect that
can neither be waived by the parties nor disregarded by the court in the
exercise of judicial discretion). Therefore
IT IS HEREBY ORDERED that the motion for reconsideration is denied.
DATED: Honolulu, Hawai‘i, October 18, 2004.
Meghan R.K. Cedillos
and Philip H. Cedillos
plaintiffs-appellants,
pro se, on the motion
1. Pursuant to Hawai‘i Rules of Appellate Procedure Rule 43(c)(1), Rodney Haraga, the current Director of the Department of Transportation, has been substituted for Brian Minaai, the Director at the time this case was decided by the second circuit court.