S.H. v. R.N. - Appeal Dismissed for Lack of Jurisdiction

Hawaii Intermediate Court of Appeals

Filed March 24th, 2026

Detected March 25th, 2026

Summary

The Hawaii Intermediate Court of Appeals has dismissed an appeal filed by S.H. in the case of S.H. v. R.N. The dismissal was granted due to a lack of appellate jurisdiction, as the orders under appeal did not finally determine the post-decree custody issue. The court cited previous case law to support its decision.

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What changed

The Hawaii Intermediate Court of Appeals has issued an order granting a motion to dismiss the appeal in S.H. v. R.N. The appeal, filed by Plaintiff-Appellant S.H., concerned orders related to an emergency ex parte motion for custody and a subsequent motion for reconsideration. The court found that these orders did not finally determine the post-decree custody issue, which is a prerequisite for appellate jurisdiction in such cases.

This decision means that the appeal is terminated, and S.H. cannot pursue this specific appeal further unless a final order is entered by the family court. The dismissal is based on established appellate procedure regarding finality of orders. Legal professionals involved in family law appeals in Hawaii should note the strict requirements for appealability of post-decree orders.

Source document (simplified)

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March 24, 2026 Get Citation Alerts Download PDF Add Note

S.H. v. R.N.

Hawaii Intermediate Court of Appeals

Citations: None known
Docket Number: CAAP-26-0000024
Opinion
Authorities (2)
Cited By (0)
Summaries (0)
Similar Cases (0)
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Combined Opinion

NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER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
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