Full text
S.H. v. R.N.
NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER
Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 24-MAR-2026 08:12 AM Dkt. 34 OGMD NO. CAAP-XX-XXXXXXX
IN THE INTERMEDIATE COURT OF APPEALS
OF THE STATE OF HAWAI#I
S.H., Plaintiff-Appellant, v. R.N., Defendant-Appellee.
APPEAL FROM THE FAMILY COURT OF THE SECOND CIRCUIT (CASE NO. 2DV171000326)
ORDER GRANTING MOTION TO DISMISS APPEAL (By: Hiraoka, Presiding Judge, Wadsworth and Guidry, JJ.)
Upon consideration of Defendant-Appellee R.N.'s February 5, 2026 Motion to Dismiss Appeal for Lack of Appellate Jurisdiction, Plaintiff-Appellant S.H.'s March 12, 2026 Stipulation to Dismiss Appeal Without Prejudice, the respective papers in support and in opposition, and the record, it appears that: (1) S.H. appeals from the September 26, 2025 [Denied] Order Regarding Emergency Ex Parte Motion for Custody and the October 21, 2025 Order Denying Motion for Reconsider of Order Denying Plaintiff's Emergency Ex Parte Motion for Custody Filed October 6 2025, entered in the Family Court of the Second Circuit; (2) A post-decree order is appealable if it finally determines all issues raised in the post-decree proceeding, Hall v. Hall, 96 Hawai#i 105, 111 n.4, 26 P.3d 594, 600 n.4 (App. 2001) (citation omitted), vacated in part on other grounds, 95 Hawai#i 318, 22 P.3d 965 (2001); and
— 2 —
NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER
(3) The orders from which S.H. appeals do not finally determine the post-decree issue of custody. See, e.g., RL v. DL, No. CAAP-XX-XXXXXXX, 2020 WL 5092801, at *2 (App. Aug. 28, 2020) (Order) (dismissing appeal for lack of jurisdiction and concluding that "[a]fter entry of a post-judgment order that finally determines this last remaining [post-decree] issue, any aggrieved party will have an opportunity to timely appeal"). Therefore, IT IS HEREBY ORDERED that the Motion to Dismiss is granted. This appeal is dismissed for lack of jurisdiction. IT IS FURTHER ORDERED that the Stipulation to Dismiss is denied as moot. DATED: Honolulu, Hawai#i, March 24, 2026.
/s/ Keith K. Hiraoka Presiding Judge
/s/ Clyde J. Wadsworth Associate Judge
/s/ Kimberly T. Guidry Associate Judge