***NOT FOR PUBLICATION***
NO.
27663
IN
THE SUPREME COURT OF THE STATE OF HAWAI'I
In
the Interest of K.D.
APPEAL FROM THE FAMILY COURT OF THE FIRST CIRCUIT
(FC-S NO. 01-07576)
ORDER DISMISSING MOTHER
APPELLANT'S APPEAL
(By: Nakayama, J., for the court
(1))
Upon review of the record, it appears that mother- appellant' s
parental and
custodial rights and duties were divested by the November 1, 2005 order
awarding
permanent custody. The right to appeal the November 1, 2005 order 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). Mother-appellant's motion for
reconsideration
was filed on November 28, 2005, twenty-seven days after entry of the
November 1,
2005 order. The twenty-day statutory deadline of HRS § 571-54
could not be
waived. See, HRAP
26(b). Thus, the jurisdictional requirement for appealing the November
1, 2005 order was not met by mother-appellant and we lack jurisdiction
over mother-appellant's appeal. Therefore,
IT IS HEREBY ORDERED that mother-appellant's 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.