McLaughlin v. Maddigan
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NO. 23418 IN THE SUPREME COURT OF THE STATE OF HAWAI#I MARGARET McLAUGHLIN, fka MARGARET MADDIGAN, Plaintiff-Appellant vs. ARTHUR MADDIGAN, Defendant-Appellee APPEAL FROM THE FAMILY COURT OF THE SECOND CIRCUIT (FC-D NO. 94-0045) ORDER DISMISSING APPEAL (By: Moon, C.J., Levinson, Nakayama, Ramil, and Acoba, JJ.) Upon review of the record, it appears that: (1) the January 28, 2000 and February 1, 2000 motions for attorney s fees, costs and expenses were filed in conjunction with the December 10, 1999 post-judgment motion to enforce the custody agreement and to implement a residential schedule; (2) the March 29, 2000 order deciding the January 28, 2000 and February 1, 2000 motions is appealable upon entry of an order finally deciding the December 10, 1999 motion; (3) until all matters raised in the December 10, 1999 motion have been finally decided, the appeal of the March 29, 2000 order is premature; HRS ยงยง 641-1(a) and 571-54; and, thus, (4) we lack jurisdiction over this appeal. Therefore, IT IS HEREBY ORDERED that this appeal is dismissed for lack of appellate jurisdiction. DATED: Honolulu, Hawai#i, September 12, 2000. 2
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