Hamilton Ex Rel. Lethem v. Lethem

193 P.3d 839, 119 Haw. 1, 2008 Haw. LEXIS 234
CourtHawaii Supreme Court
DecidedOctober 14, 2008
Docket27580
StatusPublished
Cited by89 cases

This text of 193 P.3d 839 (Hamilton Ex Rel. Lethem v. Lethem) is published on Counsel Stack Legal Research, covering Hawaii Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hamilton Ex Rel. Lethem v. Lethem, 193 P.3d 839, 119 Haw. 1, 2008 Haw. LEXIS 234 (haw 2008).

Opinions

[2]*2Opinion of the Court by

MOON, C.J.

On September 23, 2008, this court accepted á timely application for a writ of certiorari, filed on August 14, 2008, by petitioner/defendant-appellant Chris L. Lethem (Father), seeking review of the Intermediate Court of Appeals’ (ICA) June 23, 2008 judgment on appeal, entered pursuant to its May 16, 2008 summary disposition order (SDO). See Hamilton v. Lethem, No. 27580, 117 Hawai'i 379, 183 P.3d 756, 2008 WL 2069780 (App. May 16, 2008) (Foley, J., dissenting). Therein, the ICA—after holding that the underlying appeal brought by Father was moot— vacated the Family Court of the First Circuit's 1 (1) September 23, 2005 ex parte temporary restraining order (TRO) issued against Father; (2) October 23, 2005 order regarding the TRO; and (3) March 3, 2006 Findings of Fact (FOFs) and Conclusions of Law (COLs) [hereinafter, collectively, the TRO, FOFs, and COLs] and remanded the ease to the family court with instructions to dismiss the underlying case.

Briefly stated, respondent/plaintiff-appel-lee Lily E. Hamilton (Mother), on behalf of her then-fifteen-year-old daughter (Minor), obtained a TRO against Father based upon Father’s alleged physical and psychological abuse of Minor. At the show cause hearing on the TRO, Father unsuccessfully asserted the parental justification defense.2 Ultimately, the family court confirmed the TRO, allowing it to remain in effect until December 22, 2005 (the TRO’s original ninety-day term). The TRO expired during the pen-dency of Father’s appeal. Consequently, the ICA unanimously held that, because Father’s appeal did not fall within any of the exceptions to the mootness doctrine, the appeal was moot. A majority of the ICA, however; proceeded to vacate the family court’s TRO, FOFs, and COLs, remanding the case with instructions to the family court to dismiss the underlying case. The dissent disagreed, opining that the appeal should be dismissed.

Father argues on application that the ICA erred when it determined his appeal did not fall within any of the exceptions to the mootness doctrine. As such, Father contends that the ICA erred in dismissing his appeal without addressing the merits.3

Based upon the discussion below, we hold that the ICA erred in failing to address the merits of Father’s appeal. We, therefore, vacate the ICA’s June 23, 2008 judgment on appeal and remand this case to the ICA with instructions to address the merits of Father’s appeal, consistent with this opinion.

I. BACKGROUND

A. Proceedings Before the Family Court

As succinctly summarized by the ICA:

On September 23, 2005, [Mother], on behalf of [Minor], filed an ex parte petition for a [TRO] against Father under [HRS] § 586-3 (1993 & Supp.2004). Father allegedly had physically and psychologically abused [Minor] on and prior to August 25, 2005, by striking her during a heated argument about the [Minor’s] assisting a friend in obtaining a birth control product. The [TRO], granted on September 23, 2005, [3]*3had an expiration date of December 22, 2005.
At a hearing on October 5, 2005, the [f]amily [c]ourt found the TRO was justified [4] and [ruled] that no further action was necessary. It its Order Regarding [TRO], filed the same day, the [family] court declared no further action would be taken and that the TRO would expire on its own on December 22, 2005.

SDO at 1-2 (footnote omitted).

Additionally, at the close of the hearing, Father’s counsel argued that, pursuant to the parental justification defense, see suprn note

2, the events that transpired between Father and Minor were not “an abuse situation,” but, instead,

what we really have is a daughter who’s you know, trying to find a way not to follow the rules, and a dad who is trying to enforce those rules. And the two things are just in conflict, and that’s exactly when it is appropriate to use discipline.

The family court, however, rejected Father’s argument, orally ruling that “what happened in this [case] was not parental discipline. On those grounds, this court is compelled to grant ... this restraining order. As you know, this [sic] will be no further action. [The c]ourt believes that the restraint was justified.”

On November 3, 2005, Father timely filed his notice of appeal from the family court’s October 5, 2005 order. Thereafter, on March 3, 2006, the family court—at the request of Father—entered its FOFs and COLs. Of particular relevance to the instant application-are the following COLs:

The family court judge may issue the ex parte [TRO] orally, if the person being restrained is present in court. The order shall state that there is probable cause to believe that a past act or acts of abuse have occurred, or that threats of abuse make it probable that acts of abuse may be imminent. The order further shall state that the [TRO] is necessary for the purposes of: preventing acts of abuse or preventing a recurrence of actual domestic abuse; and ensuring a period of separation of the parties involved. The order shall also describe in reasonable detail the act or acts sought to be restrained. Where necessary, the order may require either or both of the parties involved to leave the premises during the period of the order, and also may restrain the party or parties to whom it is directed from contacting, threatening, or physically abusing the applicant's family or household members. The order shall not only be binding upon the parties to the action, but also upon their officers, agents, servants, employees, attorneys, or any other persons in active concert or participation with them. The order shall enjoin the respondent or person to be restrained from performing any combination of the following acts:
The material allegations of the petition have been proven. [Father] is the father of [Minor] and statutory blood relationship has been established. [Father] did physically harm, injure[] or assault[] [Minor] by striking her on August 25, 2005 and by threatening her with further physical harm.
[Father] has raised parental discipline under [HRS § 701-309(a) ]. However, that section applies to criminal not civil actions. Moreover, while it would appear that [Minor] was disciplined by [Father] for assisting her friend with obtaining a birth control product, discipline over issues of morals lies with [Mother], who has sole legal and physical custody. Assuming additionally that [Father] struck [Minor] because of her refusal to discuss this issue late during a school night, the court concludes that such an action is not proper parental discipline.
The court, therefore, concludes that the allegations in support of the [TRO] have been prove[n] and that allowing the order to remain in full force and effect until the set expiration date of December 22, 2005 as requested by [Mother] is justified.

B. Appeal Before the ICA

On appeal, Father (appearing pro se) challenged the family court’s FOFs and COLs. Father essentially argued that: (1) HRS chapter 586 (governing domestic abuse pro[4]

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Cite This Page — Counsel Stack

Bluebook (online)
193 P.3d 839, 119 Haw. 1, 2008 Haw. LEXIS 234, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hamilton-ex-rel-lethem-v-lethem-haw-2008.