Kudlek v. McKeague

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NO. 23054 IN THE SUPREME COURT OF THE STATE OF HAWAI#I JO ANN KUDLEK fka Jo Ann McKeague, Plaintiff-Appellant vs. SAMUEL GREGORY MCKEAGUE, Defendant-Appellee APPEAL FROM THE FAMILY COURT OF THE FIRST CIRCUIT (FC-D NO. 96-0435) ORDER DISMISSING APPEAL (By: Moon, C.J., Levinson, Nakayama, Ramil, and Acoba, JJ.) Upon review of the record, it appears that: (1) the proceeding to recalculate child support is a post-judgment proceeding in FC-D No. 96-0435; (2) the post-judgment proceeding will be finally determined when the family court recalculates child support; (3) until the recalculation is made, the appeal of the September 29, 1999 and November 29, 1999 decisions ordering the recalculation is premature; HRS ยงยง 641-1(a) and 571-54; and, thus, (4) we lack jurisdiction over this appeal. Therefore, IT IS HEREBY ORDERED that this appeal is dismissed for lack of appellate jurisdiction. DATED: Honolulu, Hawai#i, September 6, 2000.

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