***
NOT FOR PUBLICATION ***
NO. 27333
IN
THE SUPREME COURT OF THE STATE OF HAWAI`I
STATE
OF HAWAI`I, Plaintiff-Appellee,
vs.
MELVIN
A. FURTADO, Defendant-Appellant.
APPEAL FROM THE DISTRICT COURT OF THE FIRST CIRCUIT
(CITATION NOS. 5811055MO, 5811056MO and 5811057MO)
ORDER DISMISSING
APPEAL
(By: Nakayama, J. for the court (1))
Upon review of the record, it appears that the district
court's March 23, 2005
judgments were appealable by notice of appeal filed by April 22, 2005. See HRAP
4(a)(1) and 4(b)(1). The time for appealing the judgments was not
extended by the
April 22, 2005 motion for reconsideration. See HRAP 4(a)(3) and
4(b)(2). The
notice of appeal filed on May 31, 2005 was untimely and we lack
jurisdiction. See
Grattafiori
v. State, 79 Hawai`i 10, 13, 897 P.2d 937, 940
(1995)("[C]ompliance
with the requirement of the timely filing of a notice of appeal [in a
criminal
matter] is jurisdictional, and we must dismiss an appeal on our own
motion if we
lack jurisdiction."); Bacon
v. Karlin, 68 Haw. 648, 650, 727 P.2d 1127, 1128 (1986) (The timely filing of 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.); HRAP 26(b)("[N]o court or judge or justice is authorized
to change the
jurisdictional requirements [of the 30-day appeal period] contained in
Rule 4 of
[the HRAP]."). Therefore,
IT IS HEREBY ORDERED that this appeal is dismissed for
lack
of appellate
jurisdiction.
DATED: Honolulu, Hawai`i,
September 2, 2005.
1.
Considered by: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.