NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 11-DEC-2024 07:47 AM Dkt. 9 ODSLJ NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI I

CHARLES YAU KONG KIMOKEO, Plaintiff-Appellee, v. JASON YAU MING KIMOKEO, Defendant-Appellant, and EVALANI KIMOKEO MEDINA; RONALD YUEN, AS SUCCESSOR TRUSTEE OF THE KENNETH CHOW WAH YUEN TRUST; RONALD YUEN, AS SUCCESSOR TRUSTEE OF THE LILY AU YUEN TRUST; CHILD SUPPORT ENFORCEMENT AGENCY, Defendants-Appellees, and JOHN DOES 1-10; JANE DOES 1-10; DOE PARTNERSHIPS 1-10; DOE CORPORATIONS 1-10; DOE ENTITIES 1-10, and DOE GOVERNMENTAL UNITS 1-10, Defendants

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CIVIL NO. 1CCV-XX-XXXXXXX)

ORDER DISMISSING APPEAL (By: Leonard, Acting Chief Judge, Hiraoka and Wadsworth, JJ.)

Upon review of the record in CAAP-XX-XXXXXXX and 1CCV-XX-XXXXXXX,1 it appears that: (1) Self-represented Defendant-Appellant Jason Y.M.

Kimokeo appeals from the January 18, 2024 "Writ of Possession and/or Ejectment" filed by the Circuit Court of the First Circuit (January 18, 2024 Writ). (2) The January 18, 2024 Writ was immediately appealable. Ciesla v. Reddish, 78 Hawai i 18, 20, 889 P.2d 702, 704 (1995); Lambert v. Teisina, 131 Hawai i 457, 461, 319 P.3d 376, 380 (2014) ("writs of possession . . . are examples of orders and decrees that [the Hawai i Supreme Court] has held to be appealable under the Forgay doctrine." (citations omitted)).

The court takes judicial notice of the record in 1CCV-XX-XXXXXXX.

Hawai i Rules of Evidence Rule 201.

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER (3) Hawai i Rules of Appellate Procedure Rule 4(a)(1) requires that "[w]hen a civil appeal is permitted by law, the notice of appeal shall be filed within 30 days after entry of the judgment or appealable order." Kimokeo filed the Notice of Appeal on August 20, 2024, more than thirty days after the January 18, 2024 Writ was entered. The circuit court record indicates that 1CCV-XX-XXXXXXX has not been finally resolved. (4) Accordingly, this appeal is untimely and we lack jurisdiction. Ciesla, 78 Hawai i at 21, 889 P.2d at 705.

Therefore, IT IS HEREBY ORDERED that this appeal is dismissed.

IT IS FURTHER ORDERED that all pending motions are dismissed.

DATED: Honolulu, Hawai i, December 11, 2024.

/s/ Katherine G. Leonard Acting Chief Judge /s/ Keith K. Hiraoka Associate Judge /s/ Clyde J. Wadsworth Associate Judge