Opinion
CAAP-21-0000524
11-24-2021
IN THE MATTER OF ADOPTION OF LI
NOT FOR PUBLICATION IN WEST'S HAWAI'I REPORTS AND PACIFIC REPORTER
APPEAL FROM THE FAMILY COURT OF THE FIRST CIRCUIT (FC-A NO. 21-1-6112)
Leonard, Presiding Judge, Wadsworth and Nakasone, JJ.
ORDER DISMISSING APPEAL FOR LACK OF APPELLATE JURISDICTION
Upon review of the record, it appears that we lack jurisdiction over the appeal by Aunt-Intervenor-Appellant (Aunt) from the Family Court of the First Circuit's (family court) September 10, 2021 Findings and Order Setting Further Hearing (Order), because the family court has not entered a final, appealable order or judgment, and the Order is not independently appealable.
In general, appeals in family court cases, as in other civil cases, may be taken only from (1) a final judgment, order, or decree, see Hawaii Revised Statutes (HRS) §§ 571-54 (2018), 641-1(a) (2016), or (2) a certified interlocutory order. See HRS § 641-1(b) (2016). The very nature of a family court chapter 587 proceeding entails "an on-going case which does not result in a 'final' order, as that term is generally defined[, ]" In re Doe, 77 Hawai'i 109, 114, 883 P.2d 30, 35 (1994) (citation omitted), because, under HRS chapter 587, the family court retains continuing jurisdiction over the case to prevent future harm or threatened harm to a child. Thus, in such family court cases, the court considers whether the particular order appealed from contains a sufficient "degree of finality" to establish appellate jurisdiction. Id. at 115, 883 P.2d at 36. A "final order" means an order ending the proceeding, leaving nothing further to be accomplished. Familian Nw., Inc. v. Cent. Pac. Boiler & Piping, Ltd., 68 Haw. 368, 370, 714 P.2d 936, 937 (1986).
Here, it appears that the Order does not contain a sufficient degree of finality to establish appellate jurisdiction because although it finds that it is in LI's best interest to be adopted by Resource Caregiver-Petitioner-Appellee (RCG) and schedules an adoption hearing for September 29, 2021, it does not finalize adoption of LI by RCG. Further, it appears that the Order is not appealable under the collateral-order doctrine because it does not fully resolve a matter completely separate from the main issue, and Aunt may appeal from the Order once the family court enters a final, appealable order or judgment granting a petition for adoption by RCG. See Greer v. Baker, 137 Hawai'i 249, 254, 369 P.3d 832, 837 (2016) (setting forth the requirements for appealability under the collateral-order doctrine).
Therefore, IT IS HEREBY ORDERED that the appeal in CAAP-21-0000524 is dismissed.
IT IS FURTHER ORDERED that all pending motions are dismissed.