Hyland v. Gonzales

Lanric Hyland appealed from a county clerk decision to the local board of registration for the County of Hawaii. The local board determined that Hyland mailed his appeal within ten days of service of the county clerk’s decision based in part on its determination that October 13 was a holiday, thus tolling his appeal deadline for that day. Nevertheless, the board ruled that his appeal was untimely because the board did not receive his appeal until after the deadline, and therefore, it was without jurisdiction to review the appeal. The intermediate court of appeals affirmed, but also determined that Hyland did not mail his letter within the ten-day filing period because the second Monday in October - recognized by the federal government as Columbus Day - is not a Hawaii state holiday. The Supreme Court vacated the decisions below, holding (1) the board had jurisdiction to consider the merits of Hyland’s appeal because the appeal letter was mailed within ten days of service of the county clerk decision; and (2) the second Monday in October is a holiday for purposes of the computation of time as to when an act is to be done under Haw. Rev. Stat. 1-29. Remanded. View "Hyland v. Gonzales" on Justia Law