WC v. TC ( 2022 )

NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER
Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
04-FEB-2022
08:49 AM
Dkt. 60 ODSLJ
NO. CAAP-XX-XXXXXXX
IN THE INTERMEDIATE COURT OF APPEALS
OF THE STATE OF HAWAI#I
WC, Plaintiff-Appellee, v.
TC, Defendant-Appellant
APPEAL FROM THE FAMILY COURT OF THE SECOND CIRCUIT
(FC-D NO. 18-1-0355)
ORDER DISMISSING APPEAL FOR LACK OF APPELLATE JURISDICTION
(By: Ginoza, Chief Judge, Hiraoka and McCullen, JJ.)
Upon review of the record, it appears that we lack
appellate jurisdiction over self-represented Defendant-Appellant
TC's (Wife) appeal from the Family Court of the Second Circuit's
(family court) June 23, 2021 Order Denying [Wife]'s May 19, 2021
Motion and Affidavit for Post-Decree Relief (Order Denying Post-
Decree Relief).
Part (2) of the family court's December 5, 2019 Decree
Granting Absolute Divorce and Awarding Child Custody (Decree),
concerning "child custody, visitation, and support" is not final
because although it decides child custody and visitation, it
reserves the issue of child support. See Eaton v. Eaton, 7 Haw.
App. 111, 118-19, 748 P.2d 801, 805 (1987); Ferreira v. Ferreira,
112 Hawai#i 225, 231, 145 P.3d 768, 774 (App. 2006). Therefore,
the Order Denying Post-Decree Relief, which denies Wife's request
to modify the family court's visitation order but does not
NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER
resolve the issue of child support (which remains pending before
the family court), is not an appealable post-Decree order.
Therefore, IT IS HEREBY ORDERED that the appeal is
dismissed.
DATED: Honolulu, Hawai#i, February 4, 2022.
/s/ Lisa M. Ginoza
Chief Judge
/s/ Keith K. Hiraoka
Associate Judge
/s/ Sonja M.P. McCullen
Associate Judge
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