Background
J.F. appealed a January 8, 2026 Family Court of the Third Circuit order granting D.Y.’s motion to sell marital real properties to fund recovery of the parties’ minor child and litigation costs.
The order called for the immediate sale of three of J.F.’s real properties. It required the sale proceeds to remain in escrow and prohibited disbursement without a further court order.
The Court’s Holding
The Hawaiʻi Intermediate Court of Appeals dismissed the appeal for lack of jurisdiction. The Family Court had not entered a final, appealable decree, order, or judgment.
The January 8 order was neither authorized for interlocutory appeal under HRS § 641-1(b) nor independently appealable. The court also held that the Forgay doctrine did not apply: although the order called for an immediate sale, it set no deadline, and the escrow requirement meant the proceeds would not be finally distributed without further Family Court action.
Key Takeaways
- An order directing the sale of marital property is not necessarily immediately appealable.
- An order lacking interlocutory-appeal authorization cannot be appealed before a final Family Court judgment unless it is independently appealable.
- Keeping sale proceeds in escrow pending further court order weighs against finality under the Forgay doctrine.
Why It Matters
The decision underscores that parties in Hawaiʻi family-court litigation generally must await a final appealable judgment before seeking appellate review of interim property-management orders. A directive to sell property does not itself establish appellate jurisdiction when further proceedings control the disposition of the sale proceeds.