In re Jane Doe, born 03/13/96
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NO. 26427 IN THE SUPREME COURT OF THE STATE OF HAWAI#I IN THE INTEREST OF JANE DOE, born on March 13, 1996. APPEAL FROM THE FAMILY COURT OF THE THIRD CIRCUIT (FC-S NO. 02-1-0174) (By: ORDER GRANTING MOTION TO DISMISS FOR LACK OF APPELLATE JURISDICTION Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.) Upon consideration of Appellee s motion to dismiss the appeal of Mother-Appellant for lack of appellate jurisdiction, the papers in support, and the records and files herein, it appears that: (1) Appellant is appealing from the February 4, 2004 order awarding permanent custody; (2) Appellant s right to appeal the family court order in this case required her to file a motion for reconsideration pursuant to HRS § 571-54, see In re Doe, 3 Haw. App. 391, 394, 651 P.2d 492, 494 (1982)(as a prerequisite to appeal from a family court order awarding permanent custody, a motion for reconsideration must be filed in accordance with HRS § 571-54); (3) absent compliance with the statutory requirement, the matter is not appealable; and (4) Appellant did not file a motion for reconsideration as required by HRS § 571-54. Therefore, IT IS HEREBY ORDERED that the motion to dismiss MotherAppellant s appeal for lack of jurisdiction is granted, and this appeal is dismissed for lack of appellate jurisdiction. DATED: Honolulu, Hawai#i, September 16, 2004. Jay K. Goss, Deputy Attorney General, for appellee on the motion 2
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