Onaka v. Onaka

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NO. 23577 IN THE SUPREME COURT OF THE STATE OF HAWAI#I CLARENCE S. ONAKA, Plaintiff-Appellee vs. ALLYSON L. ONAKA, Defendant-Appellant APPEAL FROM THE FAMILY COURT OF THE SECOND CIRCUIT (FC-D NO. 96-0411) ORDER DISMISSING APPEAL (By: Moon, C.J., Levinson, Nakayama, Ramil, and Acoba, JJ.) Upon review of the record, it appears that: (1) the filing of the petition for bankruptcy by Appellant on June 20, 2000 operated as a stay of the continuation of FC-D 96-0411; 11 U.S.C. § 362; (2) the bankruptcy stay applied to Appellant s appeal of the June 8, 2000 property division order; (3) the appeal of the June 8, 2000 order was filed while the bankruptcy stay was in effect and the July 7, 2000 notice of appeal is invalid; Cf. Island Ins. Co., Inc. v. Santos, 86 Hawai#i 363, 366, 949 P.2d 203, 206 (App. 1997); (4) the bankruptcy court s September 20, 2000 order granted relief from the bankruptcy stay, but did not retroactively annul the stay so as to validate the July 7, 2000 notice of appeal; Id. at 367, 949 P.2d at 207; and, thus, (5) absent retroactive annulment of the bankruptcy stay, 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, January 31, 2001.

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