State v. Keala

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NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER Electronically Filed Intermediate Court of Appeals CAAP-22-0000693 11-JAN-2023 07:49 AM Dkt. 22 ODSLJ NO. CAAP-22-0000693 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 DefendantAppellant 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 NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER Therefore, IT IS HEREBY ORDERED that the appeal is dismissed for lack of appellate jurisdiction.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 2

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