Background
The Circuit Court of the First Circuit entered a June 24, 2026 judgment approving final accounts, termination and special service fees, and the final release and discharge of successor co-trustees in the Estate of Mary N. Lucas.
Beneficiary Carol Cassiday Orr filed her notice of appeal on July 27, 2026. Petitioner-appellees Carroll S. Taylor and Paul R. Cassiday, Jr. moved to dismiss, arguing that the notice was not filed within the 30-day period required by Hawaii Rules of Appellate Procedure Rule 4(a)(1).
The Court’s Holding
The Intermediate Court of Appeals granted the motion and dismissed the appeal for lack of jurisdiction. Excluding the June 24 judgment date from the calculation, the court concluded that the 30-day filing deadline expired on July 24, 2026.
Orr’s July 27 notice was therefore late. The court rejected her reliance on Wilmington Savings Fund Society, FSB v. Ryan because she had not moved in the circuit court for an extension within 30 days after the deadline, as required by HRAP Rule 4(a)(4)(B).
Key Takeaways
- A notice of appeal filed after the applicable 30-day deadline does not invoke appellate jurisdiction.
- Under HRAP Rule 26(a), the day judgment is entered is excluded when calculating the appeal period.
- A litigant seeking additional time must timely seek an extension in the circuit court under HRAP Rule 4(a)(4)(B).
Why It Matters
The order underscores that appellate filing deadlines are jurisdictional in Hawaii. Even a short delay in filing a notice of appeal can require dismissal unless a timely, authorized extension is obtained.