*** NOT FOR PUBLICATION ***
NO.
27814
IN
THE SUPREME COURT OF THE STATE OF HAWAI`I
In
the Interest of R.G.B.
APPEAL FROM THE FAMILY COURT OF THE THIRD CIRCUIT
(FC-S
NO. 01-0063)
ORDER DISMISSING APPEAL
(By:Nakayama,
J., for the court
(1))
Upon review of the record, it appears that we lack jurisdiction over
Mother-Appellant's appeal from the March 11, 2005 findings of fact,
conclusions of law,
and order. 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). The March 11, 2005 findings of
fact,
conclusions of law, and 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.
Mother-Appellant
did not file a motion for reconsideration within twenty days
after entry of the March 11, 2005 findings of fact, conclusions of law,
and order,
as HRS § 571-54 (1993) required. Therefore, Mother-Appellant
failed to perfect
her 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 this appeal is dismissed for lack of appellate
jurisdiction.
DATED: Honolulu,
Hawai`i, June 28, 2006.
1. Considered by: Moon,
C.J.,
Levinson, Nakayama, Acoba, and Duffy, JJ.