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

Hawaii Intermediate Court of Appeals

Filed March 4th, 2026

Detected March 5th, 2026

Summary

The Hawaii Intermediate Court of Appeals has dismissed the appeal in A.B. v. J.M. (Docket No. CAAP-25-0000623) 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 Hawaii Intermediate Court of Appeals, in the case of A.B. v. J.M. (Docket No. CAAP-25-0000623), issued an order dismissing the appeal filed by Defendant-Appellant J.M. The dismissal is based on the court's finding that it lacks jurisdiction because the Family Court of the Third Circuit had not yet entered a final order for dissolution of marriage, and the August 11, 2025 Order Denying Defendant's Petition for Return of Subject Children to Defendant-Father was not independently appealable under established legal doctrines.

This ruling means the appellant's attempt to appeal the family court's decision regarding the children has been unsuccessful due to procedural grounds. No further action will be taken on related orders, and all pending motions are dismissed. This decision highlights the critical importance of ensuring that a final, appealable order has been entered by the lower court before filing an appeal, particularly in family law matters involving dissolution of marriage.

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March 4, 2026 Get Citation Alerts Download PDF Add Note

A.B. v. J.M.

Hawaii Intermediate Court of Appeals

Citations: None known
Docket Number: CAAP-25-0000623
Opinion
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Cited By (0)
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Combined Opinion

Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
04-MAR-2026
09:09 AM
Dkt. 34 ODSLJ

NO. CAAP-XX-XXXXXXX

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-XX-XXXXXXX)

ORDER DISMISSING APPEAL
(By: Hiraoka, Presiding Judge, Wadsworth and Guidry, JJ.)

Upon review of the record in CAAP-XX-XXXXXXX and
3FDV-XX-XXXXXXX,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-XX-XXXXXXX.
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