CourtListener 10803739•A.B. v. J.M.
Full text
Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
04-MAR-2026
09:09 AM
Dkt. 34 ODSLJ
NO. CAAP-XX-XXXXXXX
IN THE INTERMEDIATE COURT OF APPEALS
OF THE STATE OF HAWAI#I
A.B., Plaintiff-Appellee, v.
J.M., Defendant-Appellant
APPEAL FROM THE FAMILY COURT OF THE THIRD CIRCUIT
(CASE NO. 3FDV-XX-XXXXXXX)
ORDER DISMISSING APPEAL
(By: Hiraoka, Presiding Judge, Wadsworth and Guidry, JJ.)
Upon review of the record in CAAP-XX-XXXXXXX and
3FDV-XX-XXXXXXX,1 it appears that:
(1) Defendant-Appellant J.M. appeals from the
August 11, 2025 Order Denying Defendant's Petition for Return of
Subject Children to Defendant-Father entered by the Family Court
of the Third Circuit.
(2) We lack jurisdiction over this appeal because the
Family Court has not entered an order for dissolution of the
marriage, HRS § 571–54 (2018); DL v. CL, 146 Hawai#i 328, 337,
463 P.3d 985, 994 (2020), and the August 11, 2025 Order is not
independently appealable, see Greer v. Baker, 137 Hawai#i 249,
1
The court takes judicial notice of the record in 3FDV-XX-XXXXXXX.
Hawai#i Rules of Evidence Rule 201.
253, 369 P.3d 832, 836 (2016) (reciting the requirements for
appeals under the collateral-order doctrine and the Forgay
doctrine); HRS § 641-1(b) (2016) (setting forth the requirements
for leave to file an interlocutory appeal).
Therefore, IT IS HEREBY ORDERED that this appeal is
dismissed for lack of jurisdiction.
IT IS FURTHER ORDERED that the court will take no
further action on the December 18, 2025 Order to Show Cause.
IT IS FURTHER ORDERED that all pending motions are
dismissed.
DATED: Honolulu, Hawai#i, March 4, 2026.
/s/ Keith K. Hiraoka
Presiding Judge
/s/ Clyde J. Wadsworth
Associate Judge
/s/ Kimberly T. Guidry
Associate Judge
2
Continue your research in ChatGPT or Claude
Connect Omnilex to search the legal corpus from your AI assistant.