Onaka v. Onaka

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NO. 23944 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) (By: ORDER DISMISSING APPEAL Moon, C.J., Levinson, Nakayama, Ramil, and Acoba, JJ.) Upon review of the statements supporting and contesting jurisdiction and 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 family court s November 13, 2000 orders; (3) the appeal of the November 13, 2000 orders was filed while the bankruptcy stay was in effect and the December 11, 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 did not lift the bankruptcy stay for purposes of appeal; and, thus, (5) 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, March 21, 2001.

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