*** NOT FOR PUBLICATION ***
NO. 27727
IN THE
SUPREME COURT OF THE STATE OF HAWAI`I
IN THE INTEREST OF N.T. and J.T.
APPEAL FROM THE FAMILY COURT OF THE THIRD CIRCUIT
(FC-S NO.
02-0123)
ORDER DISMISSING APPEAL
(By:
Nakayama, J., for the court (1))
Upon review of the
record, it appears that appellant's parental and custodial rights and
duties were divested by the July 20,
2005 amended order awarding permanent custody. The right to appeal the
July 20, 2005 amended 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). Appellant's motion for
reconsideration was filed on August 11, 2005, twenty-two days
after entry of the July
20, 2005 amended 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 July 20, 2005 amended 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 17, 2006.
1.
Considered by: Moon,
C.J., Levinson, Nakayama, Acoba and Duffy, JJ.