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

Hawaii Intermediate Court of Appeals

Filed March 5th, 2026

Detected March 6th, 2026

Summary

The Hawaii Intermediate Court of Appeals issued an amended order dismissing the appeal of J.M. in the case A.B. v. J.M. The dismissal is due to a lack of jurisdiction, as the Family Court had not entered a final order for dissolution of marriage, and the appealed order was not independently appealable. The court will take no further action on related orders.

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What changed

The Hawaii Intermediate Court of Appeals has issued an amended order dismissing the appeal filed by Defendant-Appellant J.M. in the case A.B. v. J.M. The dismissal, docketed as CAAP-25-0000623, is based on a lack of appellate jurisdiction. The court found that the Family Court's August 11, 2025 Order Denying Defendant's Petition for Return of Subject Children to Defendant-Father is not independently appealable, and the underlying marriage dissolution order had not been entered, as required by Hawaii Revised Statutes § 571-54.

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 specific compliance actions are required for regulated entities as this is a specific court ruling on jurisdiction. However, legal professionals involved in family law appeals in Hawaii should note the strict requirements for appealability and the court's application of collateral-order doctrine and Forgay doctrine principles.

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March 5, 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
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NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER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
05-MAR-2026
08:28 AM
Dkt. 36 AMORD

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)

AMENDED
ORDER DISMISSING APPEAL FOR LACK OF JURISDICTION
(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,

1
The court takes judicial notice of the record in 3FDV-XX-XXXXXXX.
Hawai#i Rules of Evidence Rule 201.
NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

463 P.3d 985, 994 (2020), and the August 11, 2025 Order is not
independently appealable, see Greer v. Baker, 137 Hawai#i 249,
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 5, 2026.

/s/ Keith K. Hiraoka
Presiding Judge

/s/ Clyde J. Wadsworth
Associate Judge

/s/ Kimberly T. Guidry
Associate Judge