Carter v. Honolulu Police Department City & County of Honolulu

NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER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NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER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

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