CourtListener 10711692•Carter v. Honolulu Police Department City & County of Honolulu
Carter v. Honolulu Police Department City & County of Honolulu
CourtListener 10711692Hawapp27 oct. 2025
Texte intégral
NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER
Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
27-OCT-2025
08:02 AM
Dkt. 36 ODSLJ
NO. CAAP-XX-XXXXXXX
IN THE INTERMEDIATE COURT OF APPEALS
OF THE STATE OF HAWAIʻI
SAMUEL CARTER, Plaintiff-Appellant,
v.
HONOLULU POLICE DEPARTMENT CITY & COUNTY OF HONOLULU;
CHIEF OF POLICE; WINSTON HALE; JUSTIN GONSALVES;
JORDAN REGO; KENRIC PAI; and FLORAND BLANCO,
Defendants-Appellees.
APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT
(CIVIL NO. 1CCV-XX-XXXXXXX)
ORDER DISMISSING APPEAL FOR LACK OF APPELLATE JURISDICTION
(By: Nakasone, Chief Judge, McCullen and Guidry, JJ.)
Upon review of the record, it appears that:
(1) On September 10, 2025, the court entered an Order
for Temporary Remand instructing the Circuit Court of the First
Circuit to enter a final, appealable judgment under Hawaiʻi Rules
of Civil Procedure (HRCP) Rule 58, or provide an explanation as
to why it is not possible or appropriate to do so.
(2) On October 20, 2025, the Circuit Court entered a
"Court's Explanation Pursuant to the Order for Temporary Remand
NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER
in CAAP-XX-XXXXXXX," stating in part "it is inappropriate to
enter Final Judgment against Plaintiff at this time" because the
Circuit Court "dismissed the case without prejudice based on
lack of service pursuant to the Rules of the Circuit Courts of
the State of Hawaii Rule 28" and the "dismissal was not based on
the merits of the case."
(3) The court lacks appellate jurisdiction because
the record does not contain an appealable judgment.
Therefore, IT IS HEREBY ORDERED that the appeal is
dismissed for lack of appellate jurisdiction. See Jenkins v.
Cades Schutte Fleming & Wright, 76 Hawaiʻi 115, 119-20, 869 P.2d
1334, 1338-39 (1994).
DATED: Honolulu, Hawaiʻi, October 27, 2025.
/s/ Karen T. Nakasone
Chief Judge
/s/ Sonja M.P. McCullen
Associate Judge
/s/ Kimberly T. Guidry
Associate Judge
2
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