Lodge v. Rutkowski

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 03-JUL-2025 08:24 AM Dkt. 16 ODSLJ NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI I

MICHAEL T LODGE, Trustee of the 524 KALANIKOA IRREVOCABLE TRUST dated February 22, 2023, Plaintiff-Appellee, v. LARRY A. RUTKOWSKI, Defendant-Appellant.

APPEAL FROM THE DISTRICT COURT OF THE THIRD CIRCUIT NORTH AND SOUTH HILO DIVISION (CIVIL NO. 3DRC-XX-XXXXXXX)

ORDER DISMISSING APPEAL (By: Leonard, Presiding Judge, Hiraoka, Wadsworth, JJ.) Upon review of the record, it appears that self-

represented Defendant-Appellant Larry A. Rutkowski appeals from the January 6, 2025 Judgment for Possession entered by the District Court of the Third Circuit. Rutkowski filed the April 25, 2025 Notice of Appeal more than thirty days after entry of the Judgment, which is outside of the deadline set forth in Hawai i Rules of Appellate Procedure (HRAP) Rule 4(a)(1). The record does not indicate that Rutkowski received an extension of time to appeal under HRAP Rule 4(a)(4), or that the deadline was otherwise tolled by a timely-filed post-judgment motion under HRAP Rule 4(a)(3). Compliance with the requirement of timely filing a notice of appeal is jurisdictional. Grattafiori v. State, 79 Hawai i 10, 13, 897 P.2d 937, 940 (1995).

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

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

IT IS FURTHER ORDERED that all pending motions are dismissed.

DATED: Honolulu, Hawai i July 3, 2025.

/s/ Katherine G. Leonard Presiding Judge

/s/ Keith K. Hiraoka Associate Judge

/s/ Clyde J. Wadsworth Associate Judge