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NO. 22460 IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI#I

URSULA MARIE NEW, nka Ursula Maria Ozga Freitas,

) ) ) Plaintiff-Appellant,) ) vs. ) ) DAVID GENE NEW, ) ) Defendant-Appellee. ) ______________________________)

FC-D NO. 90-0582 APPEAL FROM THE FAMILY COURT OF THE FIRST CIRCUIT COURT

MEMORANDUM OPINION In this divorce case, Plaintiff-Appellant Ursula Marie New, now known as Ursula Maria Ozga Freitas (Ursula or Plaintiff), appeals the family court's (1) April 21, 1999 Order Denying Motion for Post-Decree Relief Filed 3/16/99, (2) April 21, 1999 Order Granting Kahi Mohala['s] Motion to Quash Subpoena, and (3) May 27, 1999 Order Denying Plaintiff's Motion for Reconsideration of Decision of October 22, 1999, Filed April 28, 1999, and Order Denying Plaintiff's Motion for Reconsideration of Decision of April 21, 1999, Filed May 10, 1999. We affirm. FACTS Defendant-Appellee David Gene New (David or Defendant) was born in 1955. Ursula was born in 1964. David and Ursula

were married in 1983.

When this divorce case commenced in 1990,

David was a United States Marine and had been one for over 17 years. The January 10, 1991 Divorce Decree awarded Ursula sole

legal and physical custody of the parties' female minor child (Jane Doe), born on May 20, 1984, subject to David's specified rights of visitation. follows: B. Child Health Care: [David] shall maintain medical and dental insurance for the benefit of the child. [David] shall be responsible for the medical and dental care of the child to the extent that such care is available through military medical facilities or CHAMPUS-sponsored services. The cost of ordinary medical and dental care which is not covered through military medical facilities or by CHAMPUS-sponsored services shall be paid by [Ursula] and any extraordinary medical and dental care which is not covered through military medical facilities or by CHAMPUS-sponsored services shall be paid by [Ursula] and [David] equally. Each party's obligation to the child under this section shall end when the child is no longer entitled to child support. Before either party incurs any extraordinary medical or dental expense of a non-emergency nature for the child which under this provision must be paid in full or part by the other party, the party intending to incur the expense shall give the other party notice of his or her intent to incur said expense. C. Continued Medical and Dental Insurance. Upon [David's] retirement or separation from the United States Marine Corp, he shall continue to provide medical and dental coverage for the benefit of the minor child. [Ursula] shall be responsible for ordinary medical and dental expenses of the child not paid by insurance; [Ursula] and [David] shall be responsible, equally, for all extraordinary medical and dental expenses not paid by insurance. It further stated in relevant part as

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On February 16, 1999, the family court entered its Decision and Order in relevant part as follows: 3. [David's] request that he should not have to pay for child support for the time that [Jane Doe] was out of [Ursula's] home and at Kahi Mohala [Hospital] is denied. . . . . 5. [David's] request that [Ursula] be responsible for any costs associated with [Jane Doe's] stay at Kahi Mohala is denied. Pursuant to the Decree filed herein, [Ursula] and [David] are responsible for sharing the cost of uninsured medical expense for [Jane Doe]. In her handwritten Motion and Affidavit for Post-Decree Relief filed on March 16, 1999, Ursula stated in relevant part as follows: Due to the negligence on Kahi Mohala's part as of the filing of this motion [Jane Doe] will be repeating the 9th grade. I respectfully request this court order relief for [Jane Doe] and her family for Kahi's negligence[.] From September 1998 to December 1998 the parties daughter [Jane Doe] was in the facility called Kahi Mohala which is located 91-2301 Fort Weaver Road in Ewa Beach. There [Jane Doe] attended school. Kahi failed to act in a prudent manner and as a result caused hardship for [Jane Doe] and her family. I am respectfully requesting the following from this court[.] 1. Kahi Mohala is to supply a private tutor that will meet [Jane Doe's] needs academically and emotionally. . . .

. . . . 2a) Kahi Mohala be present (be ordered to be) to testify to questions that they refuse to respond to through numerous correspondences and telephone communications. . . . 3

. . . . 3. I respectfully request that with a complete copy of any [Jane Doe's] treatment from 1998 without a 50

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