Kern v. Bannister

NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 12-JUN-2026 08:27 AM Dkt. 102 ODSLJ NO. CAAP-XX-XXXXXXX IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI#I ROBERT CRAIG KERN, Plaintiff-Appellee, v. SHANETTE BANNISTER, Defendant-Appellant, and JOHN DOES 1-10; JANE DOES 1-10; DOES PARTNERSHIPS 1-10; DOE CORPORATIONS; DOE GOVERNMENTAL ENTITIES 1-10; and DOE ENTITIES 1-10, Defendants APPEAL FROM THE CIRCUIT COURT OF THE THIRD CIRCUIT (CASE NO. 3CCV-XX-XXXXXXX) ORDER DISMISSING APPEAL FOR LACK OF JURISDICTION (By: Hiraoka, Presiding Judge, McCullen and Guidry, JJ.) Upon review of the record, it appears that: 1. On May 14, 2026, we temporarily remanded this case to the circuit court for entry of an appealable judgment; 2. The circuit court entered the Amended Judgment on June 4, 2026; and 3. The Amended Judgment "directs that the following judgment be entered as a final judgment, pursuant to HRCP Rule 54(b)" but it is not final or appealable because it contemplates adding "eviction costs" to the judgment, does not liquidate the amount Defendant-Appellant Shanette Bannister owes for unpaid rent after February 28, 2024, and allows Plaintiff- Appellee Robert Craig Kern to "file a claim for any property damage occurring after August 27, 2024," the stated effective date of the "writ of possession and judgment of possession." NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER Therefore, IT IS HEREBY ORDERED that this appeal is dismissed for lack of jurisdiction. No judgment will be entered. See Hawai#i Rules of Appellate Procedure Rule 36(b)(1). DATED: Honolulu, Hawai#i, June 12, 2026. /s/ Keith K. Hiraoka Presiding Judge /s/ Sonja M.P. McCullen Associate Judge /s/ Kimberly T. Guidry Associate Judge 2