In re: Wolf Revocable Living Trust Dated July 9. 1999

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
26-FEB-2026
08:31 AM
Dkt. 21 ODSLJ
NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI I

IN THE MATTER OF THE PHYLLIS ANN WOLF REVOCABLE LIVING TRUST
DATED JULY 9, 1999, AS AMENDED

APPEAL FROM THE CIRCUIT COURT OF THE SECOND CIRCUIT
(CASE NO. 2CTR-XX-XXXXXXX)

ORDER
(By: Leonard, Presiding Judge, McCullen and Guidry, JJ.)
Upon consideration of Respondent-Appellee Mele Jean
Strickland, Trustee for the Phyllis Ann Wolf Revocable Living
Trust Dated July 9, 1999's (Strickland) February 2, 2026 Motion
to Dismiss Appeal Filed by Kanani Ann Wolf on December 1, 2025,
the papers in support and in opposition, and the record, it
appears that:
(1) Petitioner-Appellant Kanani Ann Wolf (Wolf) appeals
from the September 30, 2025 Final Judgment entered in the Circuit
Court of the Second Circuit;
(2) Strickland requests that the court dismiss the
appeal for lack of jurisdiction because Wolf's December 1, 2025
notice of appeal was not filed within thirty days of the Final
Judgment, as required by Hawai i Rules of Appellate Procedure
(HRAP) Rule 4(a)(1), and Wolf failed to obtain an extension of
time to appeal under HRAP Rule 4(a)(4);
(3) Strickland further requests taxation of costs
against Wolf pursuant to HRAP Rule 39(a), to be awarded after
submission of an itemized and verified bill of costs;
NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

(4) The court concludes that Wolf's notice of appeal
was not timely filed, and an appellant's failure to file a timely
notice of appeal is a jurisdictional defect that can neither be
waived by the parties nor disregarded by the court in the
exercise of judicial discretion, Enos v. Pac. Transfer &
Warehouse, Inc., 80 Hawai i 345, 349, 910 P.2d 116, 120 (1996);
and
(5) Strickland has not submitted an itemized and
verified bill of costs to be taxed against Wolf.
Therefore, IT IS HEREBY ORDERED that the motion is
granted in part and denied in part as follows:
1. The appeal is dismissed for lack of appellate
jurisdiction.
2. The request for taxation of costs is denied
without prejudice to Strickland filing such a request that
complies with HRAP Rule 39(d).
DATED: Honolulu, Hawai i, February 26, 2026.

/s/ Katherine G. Leonard
Presiding Judge

/s/ Sonja M.P. McCullen
Associate Judge

/s/ Kimberly T. Guidry
Associate Judge

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