Tony Hawaii, LLC v. Moore

NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
23-APR-2025
02:12 PM
Dkt. 63 ODSLJ

NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI#I

TONY HAWAII, LLC, dba TONY HONDA, a Hawaii
Limited Liability Company, Plaintiff-Appellee, v.
YVETTE LEILANI MOORE, Defendant-Appellant

APPEAL FROM THE DISTRICT COURT OF THE FIRST CIRCUIT
#EWA DIVISION
(CASE NO. 1DRC-XX-XXXXXXX)

ORDER DISMISSING APPEAL
(By: Leonard, Acting Chief Judge, Hiraoka and McCullen, JJ.)

Upon review of the Motion to Dismiss Appeal filed by
Plaintiff-Appellee Tony Hawaii, LLC on August 27, 2024, the
papers in support, the response filed by Defendant-Appellant
Yvette Leilani Moore on September 25, 2024, and the record, it
appears that:
1. Tony Hawaii filed its Complaint against Moore on
September 15, 2023;
2. Moore filed her Counterclaim against Tony Hawaii
on January 12, 2024;
3. Trial was held by the District Court of the First
Circuit, #Ewa Division on March 7, 2024;1
4. The district court entered its Findings of Fact,
Conclusions of Law, and Order on April 10, 2024;

1
The Honorable Thomas A.K. Haia presided.
NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

5. The Order determined and directed that the Order
be entered as a final judgment;
6. The Order was final and appealable, Hawai#i
District Court Rules of Civil Procedure Rule 58; Casumpang v.
ILWU, Loc. 142, 91 Hawai#i 425, 427, 984 P.2d 1251, 1253 (1999);
7. Hawai#i Rules of Appellate Procedure Rule 4(a)(1)
requires that a notice of appeal in a civil case be "filed within
30 days after entry of the judgment or appealable order";
8. Moore's notice of appeal from the Order was due on
May 10, 2024;
9. Moore filed her notice of appeal on May 30, 2024;
and
10. Moore's notice of appeal was untimely.
Therefore, IT IS HEREBY ORDERED that the Motion to
Dismiss Appeal is granted and this appeal is dismissed for lack
of jurisdiction.
IT IS HEREBY FURTHER ORDERED that all pending motions
are dismissed.
DATED: Honolulu, Hawai#i, April 23, 2025.

/s/ Katherine G. Leonard
Acting Chief Judge

/s/ Keith K. Hiraoka
Associate Judge

/s/ Sonja M.P. McCullen
Associate Judge

2