Kudlek v. McKeague (Order Dismissing Appeal)

NO. 23054

IN THE SUPREME COURT OF THE STATE OF HAWAII

---

JO ANN KUDLEK fka Jo Ann McKeague, Plaintiff-Appellant

vs.

SAMUEL GREGORY MCKEAGUE, Defendant-Appellee

---

APPEAL FROM THE FAMILY COURT OF THE FIRST CIRCUIT

(FC-D NO. 96-0435)

ORDER DISMISSING APPEAL

(By: Moon, C.J., Levinson,

Nakayama, Ramil, and Acoba, JJ.)

Upon review of the record, it appears that: (1) the proceeding to recalculate child support is a post-judgment proceeding in FC-D No. 96-0435; (2) the post-judgment proceeding will be finally determined when the family court recalculates child support; (3) until the recalculation is made, the appeal of the September 29, 1999 and November 29, 1999 decisions ordering the recalculation is premature; HRS §§ 641-1(a) and 571-54; and, thus, (4) we lack jurisdiction over this appeal. Therefore,

IT IS HEREBY ORDERED that this appeal is dismissed for lack of appellate jurisdiction.

DATED: Honolulu, Hawaii, September 6, 2000.