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Onaka v. Onaka

Supreme Court of Hawaii
Mar 21, 2001
23944 (Haw. Mar. 21, 2001)

Opinion

23944

March 21, 2001.

APPEAL FROM THE FAMILY COURT OF THE SECOND CIRCUIT (FC-D NO. 96-0411)

MOON, C.J., LEVINSON, NAKAYAMA, RAMIL, and ACOBA, JJ.


ORDER DISMISSING APPEAL

Upon review of the statements supporting and contesting jurisdiction and the record, it appears that: (1) the filing of the petition for bankruptcy by Appellant on June 20, 2000 operated as a stay of the continuation of FC-D 96-0411; 11 U.S.C. § 362; (2) the bankruptcy stay applied to Appellant's appeal of the family court's November 13, 2000 orders; (3) the appeal of the November 13, 2000 orders was filed while the bankruptcy stay was in effect and the December 11, 2000 notice of appeal is invalid; Cf. Island Ins. Co., Inc. v. Santos, 86 Haw. 363, 366, 949 P.2d 203, 206 (App. 1997); (4) the bankruptcy court's September 20, 2000 order did not lift the bankruptcy stay for purposes of appeal; and, thus, (5) we lack jurisdiction over this appeal. Therefore,

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


Summaries of

Onaka v. Onaka

Supreme Court of Hawaii
Mar 21, 2001
23944 (Haw. Mar. 21, 2001)
Case details for

Onaka v. Onaka

Case Details

Full title:CLARENCE S. ONAKA, Plaintiff-Appellee vs. ALLYSON L. ONAKA…

Court:Supreme Court of Hawaii

Date published: Mar 21, 2001

Citations

23944 (Haw. Mar. 21, 2001)