Psak v. Kardash

Summary

The Hawaiʻi Intermediate Court of Appeals dismissed Keith Kardash’s appeal from a First Amended Injunction Against Harassment because the notice of appeal was filed more than 30 days after entry of the order. The court held that timely filing is jurisdictional and also dismissed all pending motions.

Holdings

1. Timely filing of a notice of appeal is jurisdictional; because Kardash filed more than thirty days after entry of the First Amended Injunction Against Harassment and no extension or tolling motion appeared in the record, the court lacked appellate jurisdiction.

Questions Presented

1. Whether the appeal should be dismissed because the notice of appeal was filed more than thirty days after entry of the First Amended Injunction Against Harassment.
2. Whether the record showed an extension of time or a timely post-judgment motion that preserved or tolled the appellate filing deadline.

Disposition

dismissed