State v. Keala

Opinion

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Electronically Filed

Intermediate Court of Appeals CAAP-XX-XXXXXXX

11-JAN-2023

07:49 AM

Dkt. 22 ODSLJ

NO. CAAP-XX-XXXXXXX

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

STATE OF HAWAI I, Plaintiff-Appellee, v.

SHANNON KAINOA RYSER KEALA, Defendant-Appellant

APPEAL FROM THE DISTRICT COURT OF THE THIRD CIRCUIT KONA DIVISION

(CASE NO. 3DTC-22-061452)

ORDER DISMISSING APPEAL FOR LACK OF APPELLATE JURISDICTION (By: Ginoza, Chief Judge, Wadsworth and Chan, JJ.)

Upon review of the record, it appears that Defendant-

Appellant Shannon Ryser, a.k.a., Shannon Kainoa Ryser Keala (Ryser) appeals from the District Court of the Third Circuit's (district court) October 20, 2022 Judgment and Notice of Entry of Judgment, which dismissed one of three charges in this case, October 20, 2022 Order and Notice of Entry of Order, which ordered Ryser to return to court for a pre-trial conference, or from the purported "final judgment" of the district court's "claim of personal jurisdiction" over Ryser. We conclude that the court lacks appellate jurisdiction because the district court has not entered a final decision or a final judgment. Hawaii Revised Statutes § 641-12 (2016); State v. Nicol, 140 Hawai i 482, 490, 403 P.3d 259, 267(2017).

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Therefore, IT IS HEREBY ORDERED that the appeal is dismissed for lack of appellate jurisdiction.

DATED: Honolulu, Hawai i, January 11, 2023.

/s/ Lisa M. Ginoza

Chief Judge

/s/ Clyde J. Wadsworth

Associate Judge

/s/ Derrick H.M. Chan

Associate Judge