Stephens v. Deutsch

• Court: Hawaii Intermediate Court of Appeals
• Decided: February 5, 2025
• Docket: CAAP-25-0000029
• Status: Published

Opinion

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 05-FEB-2025 07:56 AM Dkt. 10 ODSLJ NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI I

TREVOR STEPHENS, Plaintiff-Appellee, v. ARON DEUTSCH and EMILY WESSEL, Defendants-Appellants

APPEAL FROM THE DISTRICT COURT OF THE THIRD CIRCUIT KONA DIVISION (CASE NO. 3DRC-XX-XXXXXXX)

ORDER DISMISSING APPEAL FOR LACK OF JURISDICTION (By: Leonard, Acting Chief Judge, Hiraoka and Guidry, JJ.) On January 15, 2025, self-represented Defendants-

Appellants Aron Deutsch and Emily Wessel (together, Tenants)

filed a notice of appeal from a January 15, 2025 interlocutory

district court order striking a document they filed. We take

judicial notice under Rule 201 of the Hawai i Rules of Evidence

that the District Court of the Third Circuit, Kona Division,

started trial on November 1, 2024, and on December 24, 2024,

ordered the parties to submit proposed findings by January 21,

2025.

Hawaii Revised Statutes § 641-1(a)(2016) permits

appeals in civil matters from all final judgments, orders, or

decrees of the district courts. The January 15, 2025 order which

Tenants appeal from is not a final appealable order. NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER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. All pending motions,

including Tenants' January 16, 2025 Motion for Stay Pending

Appeal, are dismissed.

DATED: Honolulu, Hawai i, February 5, 2025.

/s/ Katherine G. Leonard Acting Chief Judge

/s/ Keith K. Hiraoka Associate Judge

/s/ Kimberly T. Guidry Associate Judge