In re: LI ( 2021 )

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 15-DEC-2021 10:06 AM Dkt. 86 OGMR NOS. CAAP-XX-XXXXXXX, CAAP-XX-XXXXXXX, CAAP-XX-XXXXXXX, CAAP-XX-XXXXXXX, AND CAAP-XX-XXXXXXX IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI#I NO. CAAP-XX-XXXXXXX IN THE INTEREST OF LI (FC-S NO. 18-00034) NO. CAAP-XX-XXXXXXX IN THE MATTER OF THE GUARDIANSHIP OF LI (FC-G NO. 18-1-6221) NO. CAAP-XX-XXXXXXX IN THE MATTER OF THE GUARDIANSHIP OF LI (FC-G NO. 20-1-6243) NO. CAAP-XX-XXXXXXX IN THE MATTER OF ADOPTION OF LI (FC-A NO. 20-1-6175) NO. CAAP-XX-XXXXXXX IN THE MATTER OF ADOPTION OF LI (FC-A NO. 21-1-6112) APPEAL FROM THE FAMILY COURT OF THE FIRST CIRCUIT ORDER (By: Leonard, Presiding Judge, Wadsworth and Nakasone, JJ.) Upon consideration of the respective motions to reconsider: (1) the November 24, 2021 Order Dismissing Appeal for Lack of Appellate Jurisdiction, in In re LI, CAAP-XX-XXXXXXX (Order Dismissing CAAP-XX-XXXXXXX), filed on December 1, 2021, by Resource Caregiver/Appellee (RCG) in CAAP-21- 0000509 and CAAP-XX-XXXXXXX, and Mother-Appellant/Cross- Appellee (Mother) in CAAP-XX-XXXXXXX, and on December 2, 2021, by Aunt/Intervenor/Appellee/Cross-Appellant (Aunt) and Guardian Ad Litem-Appellee (GAL) in CAAP-21-000509, and GAL in CAAP-XX-XXXXXXX; (2) the November 24, 2021 Order Dismissing Appeal for Lack of Appellate Jurisdiction in In re LI, CAAP-XX-XXXXXXX (Order Dismissing CAAP-XX-XXXXXXX), filed on December 1, 2021, by RCG (there, Petitioner/Resource Caregiver-Appellee) in CAAP-XX-XXXXXXX and CAAP-XX-XXXXXXX, and December 2, 2021, by GAL, in CAAP-XX-XXXXXXX, and Aunt (there, Aunt/Intervenor-Appellant) and GAL, in CAAP-XX-XXXXXXX; and (3) the November 26, 2021 order consolidating CAAP-21- 0000521, CAAP-XX-XXXXXXX, and CAAP-XX-XXXXXXX (Consolidation Order), filed on December 1, 2021, by RCG, and December 2, 2021, by GAL, in CAAP-XX-XXXXXXX, the papers in support, and the records in CAAP-XX-XXXXXXX, CAAP-XX-XXXXXXX, CAAP-21- 0000522, CAAP-XX-XXXXXXX, and CAAP-XX-XXXXXXX, it appears that RCG, Mother, Aunt, and/or GAL have presented points of law or fact that the court overlooked in its Order Dismissing CAAP-XX-XXXXXXX and Order Dismissing CAAP-21- 0000524. See Hawai#i Rules of Appellate Procedure (HRAP) Rule 40(b). In addition, we note that no party sought leave to file an opposition to the aforementioned motions. We further note that on November 19, 2021, Mother filed an Opening Brief in CAAP-XX-XXXXXXX. Therefore, IT IS HEREBY ORDERED that the motions to reconsider the November 24, 2021 Order Dismissing CAAP-XX-XXXXXXX and Order Dismissing CAAP-XX-XXXXXXX are granted. The orders are vacated, and the appeal and cross-appeal in CAAP-XX-XXXXXXX and the appeal in CAAP-XX-XXXXXXX are reinstated. IT IS HEREBY FURTHER ORDERED that the motions to reconsider the Consolidation Order are granted as follows: 2 1. The November 26, 2021 Consolidation Order is vacated, and the appeals in CAAP-XX-XXXXXXX, CAAP-XX-XXXXXXX, CAAP-XX-XXXXXXX, CAAP-XX-XXXXXXX, and CAAP-XX-XXXXXXX are consolidated under CAAP-XX-XXXXXXX. 2. The appellate clerk shall file a copy of this order in CAAP-XX-XXXXXXX, CAAP-XX-XXXXXXX, CAAP-XX-XXXXXXX, CAAP-21- 0000523, and CAAP-XX-XXXXXXX, but thereafter the circuit court clerk, court reporters, and parties shall file all documents related to these appeals in CAAP-XX-XXXXXXX. 3. Within forty (40) days after the date of this order, Mother may file a first amended opening brief that addresses all five appeals. 4. The parties shall file a single opening brief, answering brief, and, if necessary, reply brief that addresses all five appeals. All briefing shall be in accordance with HRAP Rule 28. IT IS FURTHER ORDERED that no further filing fees shall be required. IT IS FURTHER ORDERED that the appellate clerk shall serve a copy of this order on the Clerk of the Circuit Court of the First Circuit. DATED: Honolulu, Hawai#i, December 15, 2021. /s/ Katherine G. Leonard Presiding Judge /s/ Clyde J. Wadsworth Associate Judge /s/ Karen T. Nakasone Associate Judge 3