NO. 26672
IN THE SUPREME COURT OF THE STATE OF HAWAI`I
IN THE INTEREST OF JANE DOE,
Born on February 6, 1998, Minor
APPEAL FROM THE FAMILY COURT OF THE FIRST CIRCUIT
(FC-S NO. 02-08566)
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 opposition, and the records and files herein, it
appears that: (1) Appellant is appealing from the
May 11, 2004 order entered by the family court; (2) Appellant's
right to appeal the family court order in this case required
her to file a timely motion for reconsideration pursuant to HRS
§ 571-54, see In re Jane Doe, No. 26668 (Hawai Nov. 5,
2004) (citing In re Doe, 3 Haw. App. 391, 394, 651 P.2d 492, 494 (1982)); (3) absent compliance with the statutory
requirements, the matter is not appealable and the appellate court lacks jurisdiction; and (4) Appellant did not file a timely
motion for reconsideration as required by HRS § 571-54. Therefore,
IT IS HEREBY ORDERED that the motion to dismiss the appeal for lack of appellate jurisdiction is granted, and this
appeal is dismissed for lack of jurisdiction.
DATED: Honolulu, Hawai`i, November 17, 2004.
Arlene A. Harada-Brown,
Deputy Attorney General,
for appellee on the
motion
Dean T. Nagamine
for appellee,
joinder in motion
Thomas A. K. Haia
for appellant in
opposition