NOT FOR PUBLICATION IN WEST'S HAWAI`I REPORTS AND PACIFIC REPORTER


NO. 27942





IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI`I







In the Interest of B.I.N.






APPEAL FROM THE FAMILY COURT OF THE FIRST CIRCUIT
(FC-S NO. 04-09873)





MOTION TO DISMISS FOR
LACK OF APPELLATE JURISDICTION




ORDER GRANTING PETITIONER-APPELLEE DEPARTMENT OF
HUMAN SERVICES' MOTION TO DISMISS THIS APPEAL
(By: Burns, C.J., Lim and Foley, JJ.)

Upon review of (1) Petitioner-Appellee Department of Human Services' (Appellee DHS) July 24, 2006 motion to dismiss this appeal for lack of appellate jurisdiction, (2) Father-Appellant's August 28, 2006 memorandum in opposition to Appellee DHS's motion to dismiss, and (3) the record, it appears that we lack jurisdiction over Father-Appellant's appeal from the April 26, 2006 order that divested Father-Appellant of his parental and custodial rights over Father-Appellant's minor child and awarded the State of Hawai`i Director of Human Services with permanent custody over the minor child. Under HRS § 571-54 (1993), "appeals in family court cases, as in other civil cases, may be taken only from (1) a final judgment, order, or decree, . . . or (2) a certified interlocutory order." In re Doe, 96 Hawai`i 272, 283, 30 P.3d 878, 889 (2001) (citations omitted). At the time when Father-Appellant filed his May 18, 2006 notice of appeal, the April 26, 2006 order was not, by itself, an appealable final order under HRS § 571-54 (1993). "By the plain language of the statute, a party desiring to appeal from an order entered in a proceeding governed by HRS § 571-54 is required to file a motion for reconsideration." In re Doe Children, 94 Hawai`i 485, 486, 17 P.3d 217, 218 (2001). "Thus, there is no appealable order until the family court resolves the motion for reconsideration." Id. Although 2006 Hawai`i Sessions Laws Act 3 (Act 3) amended HRS § 571-54 by repealing the requirement for a motion for reconsideration under these circumstances, Father-Appellant filed his May 18, 2006 notice of appeal before the July 1, 2006 effective date of Act 3, and, thus, the amendment under Act 3 does not apply to this case.

Father-Appellant did not file a motion for reconsideration within twenty days after entry of the April 26, 2006 order, as HRS § 571-54 (1993) required. Therefore, Father-Appellant failed to perfect his right to assert an appeal under HRS § 571-54 (1993), and there is no appealable order. Absent an appealable order, we lack jurisdiction over this case. Accordingly,

IT IS HEREBY ORDERED that Petitioner-Appellee's motion to dismiss this appeal for lack of appellate jurisdiction is granted.

DATED:  Honolulu, Hawai`i, August 31, 2006.