quartero v. Quartero
This text of quartero v. Quartero (quartero v. Quartero) 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.
Opinion
Electronically Filed Supreme Court SCOT-XX-XXXXXXX 23-FEB-2021 08:50 AM Dkt. 6 ORD
SCOT-XX-XXXXXXX
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
ROBERT K.R. QUARTERO, Petitioner,
vs.
KEHAULANI A. QUARTERO, on behalf of minor child, Respondent.
ORIGINAL PROCEEDING (Case No. 1DA201002043)
ORDER DISMISSING ORIGINAL PROCEEDING (By: Recktenwald, C.J., Nakayama, McKenna, Wilson, and Eddins, JJ.)
On February 16, 2021, the appellate clerks’ office
received a document from Robert K.R. Quartero (“Quartero”)
entitled, “Respondent’s Notice of Appeal to the Supreme Court of
the State of Hawaii Against the January 15, 2021 Order Denying
Respondent’s Motion for Reconsideration Filed October 22, 2020”
(“Notice of Appeal”). The document was subsequently filed in
this original proceeding on February 17, 2021. In addition, on
February 17, 2021, Quartero filed a document seeking to proceed
on appeal without paying the required filing fees. Upon
consideration of the documents and the record herein, it appears
that Quartero seeks to assert an appeal from the family court’s January 15, 2021 “Order Denying Respondent’s Motion for
Reconsideration Filed October 22, 2020” in Case No. 1DA201002043.
A notice of appeal filed in the Intermediate Court of Appeals is
the appropriate means to seek such appellate review. See HRS §
571-54 (an interested party aggrieved by a family court order,
including an order on a motion for reconsideration, may appeal to
the intermediate appellate court upon the same terms and
conditions as in other cases in the circuit court, and review
shall be governed by chapter 602); HRS § 602-57(a) (the ICA has
jurisdiction “[t]o hear and determine appeals from any court or
agency when appeals are allowed by law”). Accordingly,
IT IS HEREBY ORDERED that this original proceeding is
dismissed. The clerk of the appellate court shall file the
documents in this original proceeding in the Intermediate Court
of Appeals. The date of receipt of the document shall be deemed
the filing date.
DATED: Honolulu, Hawai#i, February 23, 2021.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Sabrina S. McKenna
/s/ Michael D. Wilson
/s/ Todd W. Eddins
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