NO. 26427
IN THE
SUPREME COURT OF THE STATE OF HAWAI`I
IN THE
INTEREST OF
JANE DOE,
born on March 13, 1996.
APPEAL FROM THE FAMILY COURT OF THE THIRD CIRCUIT
(FC-S NO.
02-1-0174)
ORDER
GRANTING MOTION TO DISMISS
FOR LACK OF APPELLATE JURISDICTION
(By: Moon,
C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.)
Upon consideration of Appellee's motion to dismiss the appeal of
Mother-Appellant for lack of appellate jurisdiction, the
papers in support, and the records and files herein, it appears that:
(1) Appellant is appealing from the February 4, 2004
order awarding permanent custody; (2) Appellant's right to appeal the
family court order in this case required her to file a
motion for reconsideration pursuant to HRS § 571-54, see In re Doe, 3 Haw. App. 391,
394, 651 P.2d 492, 494 (1982)(as a
prerequisite to appeal from a family court order awarding permanent
custody, a motion for reconsideration must be filed in
accordance with HRS § 571-54); (3) absent compliance with the
statutory requirement, the matter is not appealable; and
(4) Appellant did not file a motion for reconsideration as
required by HRS § 571-54. Therefore,
IT IS HEREBY
ORDERED that the motion to dismiss Mother-Appellant's appeal for lack
of jurisdiction is granted, and
this appeal is dismissed for lack of appellate jurisdiction.
DATED: Honolulu,
Hawai`i, September 16, 2004.
Jay K. Goss,
Deputy Attorney General,
for appellee on the
motion