HRS 0571-0054 ANNOTATIONS

Note

L 2004, c 202, §82 provides:

"SECTION 82. Appeals pending in the supreme court as of the effective date of this Act [July 1, 2006] may be transferred to the intermediate appellate court or retained at the supreme court as the chief justice, in the chief justice's sole discretion, directs."

Cross References

See note appended to chapter 641, pt IA.

Rules of Court

Appeal to supreme court, see HFCR rule 81(f); Hawaii Rules of Appellate Procedure.

Case Notes

Stay of execution of family court order waiving jurisdiction pending its appeal, granted when. 57 H. 413, 558 P.2d 483.

Divorce decree is final and appealable despite reservation of support or custody questions. 57 H. 519, 559 P.2d 744.

The State is not a "party aggrieved" for purposes of appealing waiver denial by family court. 67 H. 466, 691 P.2d 1163.

Conflict between rule 59(g)(1) of Hawai‘i family court rules and this statute regarding time for filing motion for reconsideration, resolved in favor of the statute; rule 59(g)(1) held void. 77 H. 109, 883 P.2d 30.

Hawaii rules of appellate procedure, rule 4(a)(3) is inapplicable to family court cases governed by this section; in such cases, a notice of appeal is timely when it is filed within thirty days after the entry of the order resolving a motion for reconsideration filed in accordance with this section. 94 H. 485, 17 P.3d 217.

The fact that the question of who was responsible for payment for particular services received by the children could be decided independently from the need for the family court's continuing jurisdiction, coupled with the importance of obtaining a definitive ruling on the issue, established that the "requisite degree of finality" was present to permit appellate jurisdiction. 96 H. 272, 30 P.3d 878.

Minor's case dismissed for lack of appellate jurisdiction where the procedural requirements of this section were not met; minor did not move for reconsideration of the disposition of the case, no hearing to reconsider the disposition was held, and no final written judgment, order, or decree containing the findings and conclusions on which the family court based its disposition was entered. 102 H. 246, 74 P.3d 998.

 

 

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