NOT FOR PUBLICATION IN WEST'S HAWAI`I REPORTS AND PACIFIC REPORTER
NO. 28187
IN
THE INTERMEDIATE COURT OF APPEALS
OF THE STATE OF HAWAI`I
IN THE INTEREST OF J.M.
However, Mother-Appellant did not file her September 29, 2006 notice of appeal within thirty days after entry of the August 7, 2006 order, as Rule 4(a)(1) of the Hawai`i Rules of Appellate Procedure (HRAP) required. Mother-Appellant did not extend the time period for filing a notice of appeal under HRAP Rule 4(a)(3) by filing her August 23, 2006 motion for reconsideration, because Mother-Appellant did not file her August 23, 2006 motion for reconsideration within ten days after entry of the August 7, 2006 order, as Rule 59(e) of the Hawai`i Family Court Rules (HFCR) required. However, even if Mother-Appellant's motion for reconsideration were timely, Mother-Appellant did not file her September 29, 2006 notice of appeal within thirty days after entry of the August 25, 2006 order denying Mother-Appellant's August 23, 2006 motion for reconsideration, as HRAP Rule 4(a)(3) required. Therefore, Mother-Appellant's appeal was not timely.
The failure to file a timely notice of appeal in a civil matter is a jurisdictional defect that the parties cannot waive and the appellate courts cannot disregard in the exercise of judicial discretion. Bacon v. Karlin, 68 Haw. 648, 650, 727 P.2d 1127, 1128 (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 do not have jurisdiction over Mother-Appellant's appeal. Accordingly,
IT IS HEREBY ORDERED that Appellee DHS's motion to dismiss this appeal is granted, and this appeal is dismissed for lack of appellate jurisdiction.
DATED: Honolulu, Hawai`i, December 27, 2006.