T.R. v. D.R.

• Court: Hawaii Intermediate Court of Appeals
• Decided: November 20, 2023
• Docket: CAAP-23-0000525
• Status: Published

Opinion

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 20-NOV-2023 07:57 AM Dkt. 18 ODSD NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI I

T.R., on behalf of a minor, Plaintiff-Appellee, v. D.R., Defendant-Appellant

APPEAL FROM THE FAMILY COURT OF THE THIRD CIRCUIT (CASE NO. 3FDA-XX-XXXXXXX)

ORDER DISMISSING APPEAL (By: Leonard, Presiding Judge, Hiraoka and Wadsworth, JJ.) Upon review of the record, it appears that: (1) Self-represented Defendant-Appellant D.R. (Appellant) appeals from the Family Court of the Third Circuit's August 15, 2023 Amended Temporary Restraining Order, entered in 3FDA-XX-XXXXXXX. (2) On November 1, 2023, the Family Court entered an Order Dissolving Temporary Restraining Order, which dissolves the August 15, 2023 Amended Temporary Restraining Order and enters a final decision in Appellant's favor, dismissing the underlying case with prejudice. (3) An appeal is moot where "events subsequent to the judgment of the trial court have so affected the relations between the parties that the two conditions for justiciability relevant on appeal—adverse interest and effective remedy—have been compromised." Hamilton ex rel. Lethem v. Lethem, 119 Hawai i 1, 5, 193 P.3d 839, 843 (2008). Courts "may not decide moot questions or abstract propositions of law." Life of the Land v. Burns, 59 Haw. 244, 250, 580 P.2d 405, 409 (1978) (citation & internal quotation marks omitted). NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Therefore, IT IS HEREBY ORDERED that the appeal is dismissed as moot. IT IS FURTHER ORDERED that all pending motions are dismissed. DATED: Honolulu, Hawai i, November 20, 2023.

/s/ Katherine G. Leonard Presiding Judge

/s/ Keith K. Hiraoka Associate Judge

/s/ Clyde J. Wadsworth Associate Judge