Outlaw v. Kurpis

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*** NOT FOR PUBLICATION *** NO. 26461 IN THE SUPREME COURT OF THE STATE OF HAWAI#I HEATHER WHITFIELD OUTLAW, formerly known as Heather Kurpis, Plaintiff-Appellee vs. PETER KURPIS, Defendant-Appellant APPEAL FROM THE FAMILY COURT OF THE THIRD CIRCUIT (FC-D NO. 98-150K) ORDER DISMISSING APPEAL (By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.) Upon review of the record, it appears that the family court s December 1, 2003 and February 20, 2004 orders did not end the proceedings on the March 18, 2003 and March 25, 2003 motions for post-decree relief inasmuch as the orders did not determine the issues of payment of uninsured health expenses and payment of educational expenses raised in plaintiff s March 18, 2003 motion. Absent a determination of those issues, the appeal of the December 1, 2003 and February 20, 2004 orders 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 ยง 641-1(a) if it finally ends the post-judgment proceedings, leaving nothing further to be determined). Therefore, *** NOT FOR PUBLICATION *** IT IS HEREBY ORDERED that this appeal is dismissed for lack of appellate jurisdiction. DATED: Honolulu, Hawai#i, July 7, 2004. 2

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