*** NOT FOR PUBLICATION ***
NO. 27586
IN THE
SUPREME COURT OF THE STATE OF HAWAI`I
IN THE
INTEREST OF J.L.
APPEAL FROM THE FAMILY COURT OF THE FIRST CIRCUIT
(FC-S NO.
03-09340)
ORDER DISMISSING APPEAL
(By:
Nakayama, J., for the court (1))
Upon review of the record, it
appears that the right to appeal the August 31, 2005 order awarding
permanent custody was
conditioned upon the filing of a motion for reconsideration of the
order within twenty days after the order was entered. See
HRS § 571-54; In
the Interest of Jane Doe, 77 Hawai`i 109, 113, 883
P.2d 30, 34 (1994); In the Interest of Jane Doe,
3
Haw. App. 391, 394, 651 P.2d 492, 494 (1982). The motion for
reconsideration filed by appellant on September 26, 2005,
if treated as a motion for reconsideration of the August 31, 2005
order, was not filed within twenty days after August 31,
2005 and did not meet the jurisdictional requirement for appealing the
August 31, 2005 order. The twenty-day statutory
deadline of HRS § 571-54 could not be waived. See
HRAP 26(b). The motion to aside default filed by appellant on
August 17, 2005 did not seek to set aside the oral decision awarding
permanent custody and was not a motion for
reconsideration of the permanent custody award. Thus, the
jurisdictional requirement for appealing the August 31, 2005
permanent custody order was not met and we lack jurisdiction over this
appeal. Therefore,
IT IS HEREBY ORDERED that
this appeal is dismissed for lack of appellate jurisdiction.
DATED: Honolulu, Hawai`i, May 30, 2006.
1.
Considered by: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.Associate Justice