In re: The K Children

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
02-APR-2025
07:55 AM
Dkt. 71 ODSLJ
NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI I

IN THE INTEREST OF K. CHILDREN

APPEAL FROM THE FAMILY COURT OF THE FIRST CIRCUIT
(FC-S NO. 21-00160)

ORDER DISMISSING APPEAL FOR LACK OF JURISDICTION
(By: Leonard, Acting Chief Judge, Wadsworth and McCullen, JJ.)
Upon review of the record in CAAP-XX-XXXXXXX and
FC-S No. 21-00160,1 it appears that:
(1) Father-Appellant (Father) appeals from the Family
Court of the First Circuit's (family court) January 17, 2025
"Orders Regarding Child Protective Act" (January 17, 2025 Order).
Father challenges the family court's denial of his motion for
reconsideration of the order denying oral motion for recusal of
the Honorable Lesley N. Maloian.
(2) In the underlying case, Petitioner-Appellee
Department of Human Services (DHS) filed a petition for temporary
foster custody, and on March 8, 2024, DHS filed a motion to
terminate the parental rights of Father (TPR Motion). The record
indicates that the family court has not ruled on the TPR Motion,
which is set for hearing on April 7, 2025 before the Honorable
Kyle T. Dowd, and Father did not seek leave to file an
interlocutory appeal.

1
The court takes judicial notice of the record in FC-S No.
21-00160. Hawai i Rules of Evidence Rule 201.
NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

(3) "In general, 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) (citing
Hawaii Revised Statutes (HRS) §§ 571–54 and 641–1(a)-(b)); HRS
§ 587A-36 (2018).
(4) This appeal is premature insofar as the TPR Motion
remains pending, the family court has not entered an appealable
final order, and the January 17, 2025 Order is not independently
appealable. See In re Doe, 107 Hawai i 12, 15, 108 P.3d 966, 969
(2005) ("The final order or decree appealable under HRS § 571–54
is the order or decree that determines the ultimate rights and
liabilities of the parties."); Greer v. Baker, 137 Hawai i 249,
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).
(5) When the court "perceive[s] a jurisdictional defect
in an appeal, [it] must, sua sponte, dismiss that appeal." Bacon
v. Karlin, 68 Haw. 648, 650, 727 P.2d 1127, 1129 (1986).
Therefore, IT IS HEREBY ORDERED that the appeal is
dismissed for lack of appellate jurisdiction.
IT IS FURTHER ORDERED that all pending motions are
dismissed.
DATED: Honolulu, Hawai i, April 2, 2025.

/s/ Katherine G. Leonard
Acting Chief Judge

/s/ Clyde J. Wadsworth
Associate Judge

/s/ Sonja M.P. McCullen
Associate Judge

2