*** NOT FOR PUBLICATION ***
NO. 26864
IN THE SUPREME COURT OF THE STATE OF HAWAI‘I
J.P. SCHIMIDT, in his capacity as Insurance Commissioner of the
State of Hawai‘i, Petitioner-Appellee
vs.
PACIFIC GROUP MEDICAL ASSOCIATION, a Mutual Benefit Society, Respondent
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THOMAS T. UENO, C.P.A., Party In Interest-Appellant
APPEAL FROM THE FIRST CIRCUIT COURT
(S.P. NO. 97-0135)
ORDER DISMISSING APPEAL
(By: Moon, C.J., Levinson, Nakayama, and Duffy, JJ.
and Circuit Judge August in place of Acoba, J., recused)
Upon review
of the record, it appears that the judgment entered on August 12, 2004
was the appealable final judgment on appellant Thomas Ueno's claim
against the liquidating trust. The judgment was appealable by notice of
appeal filed by September 13, 2004. See
HRAP 4(a)(1)("[T]he notice of appeal shall
be filed within 30 days after entry of the judgment[.]"). Appellant's
notice of appeal was prepared, signed and served on September 2, 2004,
but was not filed
until October 1, 2004. The notice of appeal filed on October 1, 2004 is
an untimely appeal of the August 12, 2004 judgment and we lack
jurisdiction over this
appeal. See HRAP 4(a)(1) and 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, January 28, 2005.