A.B. v. J.M. - Appeal Dismissed for Lack of Jurisdiction

Hawaii Supreme Court

Filed March 4th, 2026

Detected March 5th, 2026

Summary

The Intermediate Court of Appeals of the State of Hawaii dismissed an appeal filed by Defendant-Appellant J.M. due to a lack of jurisdiction. The court found that the Family Court had not entered a final order for dissolution of marriage, and the appealed order was not independently appealable.

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What changed

The Intermediate Court of Appeals of the State of Hawaii, in case CAAP-25-0000623, has dismissed an appeal filed by J.M. The appeal was from an August 11, 2025 order denying the Defendant's Petition for Return of Subject Children. The court determined it lacked jurisdiction because the Family Court had not yet issued an order for dissolution of marriage, and the August 11, 2025 order was not independently appealable under established legal doctrines.

This dismissal means the appellant's challenge to the Family Court's order regarding the children will not proceed at the appellate level. No further action will be taken on the related Order to Show Cause, and all pending motions are also dismissed. This action has no direct compliance implications for regulated entities outside of the parties involved in this specific case.

Source document (simplified)

Electronically Filed Intermediate Court of Appeals CAAP-25-0000623 04-MAR-2026 09:09 AM Dkt. 34 ODSLJ NO. CAAP-25-0000623 IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI # I A.B., Plaintiff-Appellee, v. J.M., Defendant-Appellant APPEAL FROM THE FAMILY COURT OF THE THIRD CIRCUIT (CASE NO. 3FDV-24-0000414) ORDER DISMISSING APPEAL (By: Hiraoka, Presiding Judge, Wadsworth and Guidry, JJ.) Upon review of the record in CAAP-25-0000623 and 3FDV-24-0000414, 1 it appears that: (1) Defendant-Appellant J.M. appeals from the August 11, 2025 Order Denying Defendant's Petition for Return of Subject Children to Defendant-Father entered by the Family Court of the Third Circuit. (2) We lack jurisdiction over this appeal because the Family Court has not entered an order for dissolution of the marriage, HRS § 571–54 (2018); DL v. CL, 146 Hawai # i 328, 337, 463 P.3d 985, 994 (2020), and the August 11, 2025 Order is not independently appealable, see Greer v. Baker, 137 Hawai # i 249, 1 The court takes judicial notice of the record in 3FDV-24-0000414. Hawai # i Rules of Evidence Rule 201.

253, 369 P.3d 832, 836 (2016) (reciting the requirements for appeals under the collateral-order doctrine and the Forgay doctrine); HRS § 641-1(b) (2016) (setting forth the requirements for leave to file an interlocutory appeal). Therefore, IT IS HEREBY ORDERED that this appeal is dismissed for lack of jurisdiction. IT IS FURTHER ORDERED that the court will take no further action on the December 18, 2025 Order to Show Cause. IT IS FURTHER ORDERED that all pending motions are dismissed. DATED: Honolulu, Hawai # i, March 4, 2026. /s/ Keith K. Hiraoka Presiding Judge /s/ Clyde J. Wadsworth Associate Judge /s/ Kimberly T. Guidry Associate Judge 2