Kemeny v. Kemeny

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*** NO T FO R PUBLICATION *** NO. 26123 IN THE SUPREME COURT OF THE STATE OF HAWAI#I MATTHIAS DAVID KEMENY, Plaintiff-Appellee vs. KRISTINA K.I. KEMENY, Defendant-Appellant APPEAL FROM THE FAMILY COURT OF THE FIRST CIRCUIT (FC-M NO. 03-1-0220) ORDER DISMISSING APPEAL (By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.) Upon review of the record, it appears that the August 27, 2003 proceeding in FC-M 03-1-0220 was a proceeding on the July 30, 2003 motions for post-decree relief that sought modification of visitation and child support. The family court s August 27, 2003 order determined the issue of child support, but did not determine the issue of visitation. Absent a determination of the issue of visitation, the appeal of the August 27, 2003 order is premature. See Familian Northwest Inc. v. Central Pacific Boiler & Piping, Ltd., 68 Haw. 368, 714 P.2d 936 (1986)(a post-judgment order is an appealable final order under HRS § 641-1(a) if it finally ends the post-judgment proceeding, leaving nothing further to be determined). Therefore, IT IS HEREBY ORDERED that this appeal is dismissed for lack of appellate jurisdiction. DATED: Honolulu, Hawai#i, January 21, 2004.

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