Background
A.S., now known as A.J., appealed from a Family Court of the First Circuit matter involving B.S. The Intermediate Court of Appeals dismissed the appeal on June 1, 2026.
On August 3, 2026, A.S. moved for relief from default and reinstatement of the appeal under Hawaii Rules of Appellate Procedure Rules 2 and 26(e). The court construed the filing as both a request to suspend the deadline for seeking reconsideration and a motion for reconsideration under Rule 40.
The Court’s Holding
The court granted the motion. It found that A.S. had shown good cause to suspend the time for filing a reconsideration motion and to reinstate the appeal.
The court reinstated the appeal and extended the deadline for A.S. to file the statement of jurisdiction and opening brief to September 11, 2026. It warned that another default could result in sanctions, including monetary sanctions, dismissal, or both.
Key Takeaways
- The court may suspend appellate deadlines and reconsider a dismissal when good cause is shown.
- A motion labeled as seeking relief from default may be construed as a motion for reconsideration.
- The reinstated appellant must meet the new briefing deadline or risk sanctions and another dismissal.
Why It Matters
The order illustrates the Hawaii appellate court’s use of its procedural discretion to restore an appeal after dismissal for default. It also underscores that reinstatement does not eliminate compliance obligations: further missed appellate filings may bring monetary sanctions or dismissal.