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NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER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NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER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

NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER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