NO. 28265



 

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI‘I





JOEY-LIBERTY N. ACOBA, individually and on behalf of

JAYMEE K.P. ACOBA, a minor, Petitioner-Appellant, v.

BREDITO V. GONZALEZ, JR., Respondent-Appellee






APPEAL FROM THE FAMILY COURT OF THE FIRST CIRCUIT
(FC-DA No. 06-1-1394)




ORDER DISMISSING APPEAL FOR MOOTNESS
(By: Watanabe, Presiding J., Foley, and Fujise, JJ.)

Upon consideration of the record in this appeal, this court's February 17, 2009 "Order to Show Cause Why This Appeal Should Not be Dismissed for Mootness" (Order to Show Cause), and "Petitioner/Appellant's Response to Order to Show Cause Filed on February 17, 2009" filed on February 23, 2009, it appears that the Family Court of the Fifth Circuit (1) has awarded to Petitioner-Appellant (Appellant) sole legal and physical custody of her daughter (Daughter) with Respondent-Appellee (Appellee) and that Daughter now lives with Appellant on Oahu. Inasmuch as the remedy sought--a protective order prohibiting Appellee from contacting Daughter--is no longer necessary, this appeal is moot. Accordingly,

IT IS HEREBY ORDERED that this appeal is dismissed as moot.

DATED: Honolulu, Hawai‘i, March 12, 2009.





1.      The Honorable Calvin K. Murashige presided.