IN THE SUPREME COURT OF THE STATE OF HAWAII
WADE ALAN K. KALILI, SR. and DARSE
LYNN KALILI, Petitioners-Appellees
PETER MCLAREN and JEANETTE MCLAREN,
ORDER DISMISSING APPEAL
(By: Moon, C.J., Levinson, Nakayama,
Ramil, and Acoba, JJ.)
Respondent-Appellant Peter McLaren appeals from the judgment entered on April 12, 2001 by the district court of the third circuit (1) (the court), enjoining him from harassing Plaintiff-Appellee Wade Alan K. Kalili, Sr. for a period of one year. On appeal, Appellant argues only that the evidence does not support the court's findings of fact and conclusions of law granting the order. However, the subject April 12, 2001 order granting the injunction against harassment expired on April 13, 2002. Accordingly, the appeal is moot. SeeWong v. Board of Regents, 62 Haw. 391, 394-95, 616 P.2d 201, 203-04 (1980) ("The duty of this court . . . is to decide actual controversies by a judgment which can be carried into effect, and not to give opinions upon moot questions or abstract propositions, or to declare principles or rules of law which cannot affect the matter in issue in the case before it." (Citations omitted.)). Therefore,
IT IS HEREBY ORDERED that the appeal is dismissed as moot.
DATED: Honolulu, Hawaii, October 15, 2002.
On the briefs:
Nathan R. Brenner for
Harry Eliason for
Wade Alan K. Kalili, Sr.
1. The Honorable Barbara T. Takase presided over this matter.