T.R. v. D.R.

CourtListener 9443112HawappNov 20, 2023

Full text

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
20-NOV-2023
07:57 AM
Dkt. 18 ODSD
NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI I

T.R., on behalf of a minor, Plaintiff-Appellee, v.
D.R., Defendant-Appellant

APPEAL FROM THE FAMILY COURT OF THE THIRD CIRCUIT
(CASE NO. 3FDA-XX-XXXXXXX)

ORDER DISMISSING APPEAL
(By: Leonard, Presiding Judge, Hiraoka and Wadsworth, JJ.)
Upon review of the record, it appears that:
(1) Self-represented Defendant-Appellant D.R.
(Appellant) appeals from the Family Court of the Third Circuit's
August 15, 2023 Amended Temporary Restraining Order, entered in
3FDA-XX-XXXXXXX.
(2) On November 1, 2023, the Family Court entered an
Order Dissolving Temporary Restraining Order, which dissolves the
August 15, 2023 Amended Temporary Restraining Order and enters a
final decision in Appellant's favor, dismissing the underlying
case with prejudice.
(3) An appeal is moot where "events subsequent to the
judgment of the trial court have so affected the relations
between the parties that the two conditions for justiciability
relevant on appeal—adverse interest and effective remedy—have
been compromised." Hamilton ex rel. Lethem v. Lethem, 119
Hawai i 1, 5, 193 P.3d 839, 843 (2008). Courts "may not decide
moot questions or abstract propositions of law." Life of the
Land v. Burns, 59 Haw. 244, 250, 580 P.2d 405, 409 (1978)
(citation & internal quotation marks omitted).
NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Therefore, IT IS HEREBY ORDERED that the appeal is
dismissed as moot.
IT IS FURTHER ORDERED that all pending motions are
dismissed.
DATED: Honolulu, Hawai i, November 20, 2023.

/s/ Katherine G. Leonard
Presiding Judge

/s/ Keith K. Hiraoka
Associate Judge

/s/ Clyde J. Wadsworth
Associate Judge

2

Continue your research in ChatGPT or Claude

Connect Omnilex to search the legal corpus from your AI assistant.