***
NOT FOR PUBLICATION ***
NO. 27039
IN THE
SUPREME COURT OF THE STATE OF HAWAI`I
STEPHANIE
J. BRADFORD-FOLEY, nka STEPHANIE J. DIGGS,
Plaintiff-Appellant
vs.
JAMES
MICHAEL FOLEY, Defendant-Appellee
APPEAL FROM THE FAMILY COURT OF THE FIRST COURT
(FC-D NO.
97-2496)
ORDER
DISMISSING APPEAL
(By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.)
Upon review of the record, it appears that the November 3, 2004
order denying the October 15, 2004 motion for post-decree relief and
awarding attorney's fees and costs
was an appealable final order under HRS §§ 571-54 and
641-1(a). The time for appealing the order was extended by the
November 12, 2004 motion for reconsideration, which extended the time
for appeal until entry of the November 23, 2004
order denying the motion for reconsideration. See HRAP 4(a)(3). The
January 3, 2005 notice of appeal was filed more
than thirty days after entry of the November 23, 2004 order and is an
untimely appeal of the November 3, 2004 order and
the November 23, 2004 order. See
HRAP 4(a)(3). 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. Bacon v. Karlin, 68 Haw.
648, 650, 727 P.2d 1127, 1128 (1986). Thus, we lack jurisdiction
over this appeal. Therefore,
IT IS HEREBY
ORDERED that this appeal is dismissed for lack of appellate
jurisdiction.
DATED: Honolulu,
Hawai`i, April 20, 2005.