G.B. v. J.B.

NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER

Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
16-JUN-2026
08:12 AM
Dkt. 13 ODSLJ

NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAIʻI

G.B., Plaintiff-Appellee,
v.
J.B., Defendant-Appellant.

APPEAL FROM THE FAMILY COURT OF THE FIRST CIRCUIT
(CASE NO. 1DV201007550)

ORDER DISMISSING APPEAL
(By: Nakasone, Chief Judge, Wadsworth and Gluck, JJ.)

Upon review of the record, it appears that self-
represented Defendant-Appellant J.B. (J.B.) appeals from the
following orders entered in the Family Court of the First
Circuit:
1. an October 10, 2025 "Order Denying in Part Defendant's
Motion for Discovery, Filed September 19, 2025
[Dkt. 332]" (10/10/25 Order), entered at docket 401;

2. a March 12, 2026 proposed "Hearing Scheduling Order"
(3/12/26 Proposed Order), entered at docket 651;
NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER

3. an April 21, 2026 "Order Denying Defendant's Motion for
Reconsideration or New Trial Filed March 24, 2026 [Dkt.
683]" (4/21/26 Order), 1 entered at docket 720; and

4. a May 8, 2026 "Order Denying [J.B.]'s Motion and
Declaration for Post-Decree Relief, Filed 03/17/26 (Dkt.
657)" (5/8/26 Order), entered at docket 787.

"An appellate court has an independent obligation to
ensure jurisdiction over each case and to dismiss the appeal sua
sponte if a jurisdictional defect exists." In re Doe, 107
Hawaiʻi 12, 15, 108 P.3d 966, 969 (2005) (citation, ellipses, and
quotation marks omitted). We address each Order in turn.

1. 10/10/25 Order: The time to appeal from the 10/10/25
Order expired on November 10, 2025. Hawaiʻi Rules of
Appellate Procedure (HRAP) Rule 4(a)(1). The record does
not reflect that the time to appeal was tolled under HRAP
Rules 4(a)(3) or (4). Therefore, the appeal is untimely
as to the 10/10/25 Order.

2. 3/12/26 Proposed Order: The 3/12/26 Proposed Order was
not entered by the Family Court, and is therefore not an
order from which an appeal may be made. Hawaiʻi Revised
Statutes §§ 571-54 (2018) and 641–1 (2016).

1 J.B. identified multiple motions and orders in her April 13, 2026
notice of appeal. As the motions identified are not themselves appealable,
we liberally construe the notice of appeal as seeking to appeal from the
respective orders resolving the identified motions. See Erum v. Llego, 147
Hawaiʻi 368, 391, 465 P.3d 815, 838 (2020) ("[T]he pleadings of pro se
litigants should be liberally interpreted in order to promote access to
justice.").

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NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER

3. 4/21/26 Order: The 4/21/26 Order was entered after the
appeal was filed, and the record indicates a decision on
the merits of the motion it resolves was not previously
announced. As the appeal was prematurely filed before
announcement of a decision, the premature appeal
exception does not apply. See HRAP Rule 4(a)(2) ("If a
notice of appeal is filed after announcement of a
decision but before entry of the judgment or order, such
notice shall be considered as filed immediately after the
time the judgment or order becomes final for the purpose
of appeal." (Emphasis added)). Thus, the court lacks
jurisdiction over the 4/21/26 Order.

4. 5/8/26 Order: The 5/8/26 Order was likewise entered
after the appeal was filed. The Family Court orally
denied the motion the 5/8/26 Order resolves on April 29,
2026, after the appeal was filed. As the appeal was
prematurely filed before announcement of a decision, the
premature appeal exception in HRAP Rule 4(a)(2) does not
apply. Thus, the court lacks jurisdiction over the
5/8/26 Order.
Therefore, IT IS HEREBY ORDERED that the appeal is
dismissed for lack of jurisdiction.
IT IS FURTHER ORDERED that all pending motions are
dismissed.
DATED: Honolulu, Hawaiʻi, June 16, 2026.
/s/ Karen T. Nakasone
Chief Judge

/s/ Clyde J. Wadsworth
Associate Judge

/s/ Daniel M. Gluck
Associate Judge

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