NOT FOR PUBLICATION IN WEST'S HAWAI`I REPORTS AND PACIFIC REPORTER



NO. 28416





IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI`I







PUBLIC UTILITIES COMMISSION, Plaintiff-Appellee, v.
GOMES SCHOOL BUS SERVICE, LTD., Respondent-Appellant




APPEAL FROM THE PUBLIC UTILITIES COMMISSION
(Citation No. 0664)




ORDER DISMISSING APPEAL
(By: Watanabe, Presiding Judge, Foley and Nakamura, JJ.)

Upon review of the record, it appears that we do not have jurisdiction over Respondent-Appellant Gomes School Bus Service, Ltd.'s (Appellant Gomes) appeal from Plaintiff-Appellee Public Utilities Commission's (Appellee PUC) December 28, 2006 Citation Order No. 443 because the February 22, 2007 notice of appeal, which was filed following Appellee PUC's issuance of Citation Order No. 451, denying Appellant Gomes's motion for reconsideration, appears to be invalid.

Kenneth W. LeVasseur (LeVasseur) is not a party in this case. Nevertheless, it appears that he attempted to assert this appeal on behalf of Appellant Gomes by signing Appellant Gomes's February 22, 2007 notice of appeal. Further, LeVasseur is not licensed to practice law in the State of Hawai`i. Furthermore, it appears that Appellant Gomes is a corporation. Under Hawaii Revised Statutes §§ 605-2 (1993) and 605-14 (1993), persons who are not licensed to practice law in Hawai`i "are not permitted to act as attorneys and represent other natural persons in their causes." Oahu Plumbing & Sheet Metal, Ltd. v. Kona Constr., Inc., 60 Haw. 372, 377, 590 P.2d 570, 573 (1979) (citation and footnote omitted). "By the same token, non-attorney agents are not allowed to represent corporations in litigation, for a wholly unintended exception to the rules against unauthorized practice of law would otherwise result." Id. at 377, 590 P.2d at 574 (footnote omitted). Therefore, when LeVasseur signed and filed Appellant Gomes's notice of appeal, he was not entitled to assert an appeal on behalf of a corporate entity such as Appellant Gomes. Consequently, Appellant Gomes's February 22, 2007 notice of appeal is not valid, and we lack jurisdiction over this appeal. Accordingly,

IT IS HEREBY ORDERED that the appeal is dismissed for lack of appellate jurisdiction.

DATED: Honolulu, Hawai`i, May 9, 2007.