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Horner v. Horner

Supreme Court of Hawaii
Jul 3, 2003
25744 (Haw. Jul. 3, 2003)

Opinion

25744

July 3, 2003.

APPEAL FROM THE FAMILY COURT OF THE FIRST CIRCUIT (FC-D NO. 99-3969)


ORDER DISMISSING APPEAL


Upon review of the record, it appears that the family court's November 26, 2002 order did not finally determine the August 22, 2002 motion for post-decree relief inasmuch as the issue of reimbursement of legal expenses was explicitly left for later determination. A determination of the legal expenses issue does not appear on the record of FC-D No. 99-3969 and absent such determination, the appeal of the November 26, 2002 order is premature. See Familian Northwest Inc. v. Central Pacific Boiler Piping, Ltd., 68 Haw. 368, 714 P.2d 936 (1986) (a post-judgment order is an appealable final order under HRS § 641-1(a) if it finally ends the post-judgment proceeding, leaving nothing further to be determined). Therefore,

IT IS HEREBY ORDERED that this appeal is dismissed for lack of appellate jurisdiction.


Summaries of

Horner v. Horner

Supreme Court of Hawaii
Jul 3, 2003
25744 (Haw. Jul. 3, 2003)
Case details for

Horner v. Horner

Case Details

Full title:JOHN EDDIE HORNER, Plaintiff-Appellant, v. JULIE-ANN MEHANA AIO HORNER…

Court:Supreme Court of Hawaii

Date published: Jul 3, 2003

Citations

25744 (Haw. Jul. 3, 2003)