Continental Pacific, LLC v. Dubuclet

NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
09-MAY-2023
07:58 AM
Dkt. 29 ODSLJ
NO. CAAP-23-00000114

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI#I

CONTINENTAL PACIFIC, LLC, a Delaware limited liability company,
Plaintiff-Appellee, v.
VANCE PHILLIP DUBUCLET, Defendant-Appellant, and
PORTFOLIO RECOVERY ASSOCIATES, LLC,
a Delaware limited liability company;
and DOE DEFENDANTS 1-10, Defendants-Appellees.

APPEAL FROM THE CIRCUIT COURT OF THE THIRD CIRCUIT
(CIVIL NO. 3CCV-XX-XXXXXXX)

ORDER DISMISSING APPEAL FOR LACK OF APPELLATE JURISDICTION
(By: Ginoza, Chief Judge, Wadsworth and Chan, JJ.)
Upon review of the record, it appears that self-
represented Defendant-Appellant Vance Phillip DuBuclet (DuBuclet)
appeals from the Circuit Court of the Third Circuit's: (1) Order
Granting Plaintiff's Motion to Strike [DuBuclet's] Jury Demand,
(2) Findings of Fact, Conclusions of Law and Order Granting
Plaintiff's Motion for Summary Judgment and Interlocutory Decree
of Foreclosure, and (3) Judgment, all entered September 16, 2022.
We lack jurisdiction over the appeal, as DuBuclet
failed to file the Notice of Appeal within thirty days after
September 16, 2022. See Hawai#i Rules of Appellate Procedure
Rules 4(a)(1) ("[T]he notice of appeal shall be filed within 30
days after entry of the judgment or appealable order[.]") and
26(e) ("The reviewing court for good cause shown may relieve a
party from a default occasioned by any failure to comply with
these rules, except the failure to give timely notice of
appeal."); Bacon v. Karlin, 68 Haw. 648, 650, 727 P.2d 1127, 1129
NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

(1986) ("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") (internal quotation marks and brackets omitted).
Therefore, IT IS HEREBY ORDERED that the appeal is
dismissed for lack of appellate jurisdiction.
IT IS FURTHER ORDERED that all pending motions are
dismissed as moot.
DATED: Honolulu, Hawai#i, May 9, 2023.

/s/ Lisa M. Ginoza
Chief Judge

/s/ Clyde J. Wadsworth
Associate Judge

/s/ Derrick H.M. Chan
Associate Judge

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