In re Doe, born 02/06/89 (Order Granting Motion to Dismiss for Lack of Appellate Jurisdiction)

NO. 26672

IN THE SUPREME COURT OF THE STATE OF HAWAI`I

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IN THE INTEREST OF JANE DOE,

Born on February 6, 1998, Minor

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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