The Hawaii Intermediate Court of Appeals has dismissed an appeal in a landlord-tenant dispute between Robert Craig Kern and Shanette Bannister. The court ruled that it lacked jurisdiction to hear the case, which stemmed from issues related to unpaid rent and property damage. This decision affects the parties involved and clarifies the requirements for an appealable judgment in such cases.
The dispute began when Robert Craig Kern, the plaintiff-appellee, filed a case against Shanette Bannister, the defendant-appellant, regarding unpaid rent and property damage. The case was initially heard in the Circuit Court of the Third Circuit. After the circuit court issued an Amended Judgment, Bannister sought to appeal the decision, leading to the current ruling by the Intermediate Court of Appeals.
Details about the specific events leading to the dispute were not available in the court filing. However, the case highlights common issues in landlord-tenant relationships, particularly concerning financial obligations and property conditions.
The appeal reached the Intermediate Court of Appeals after the circuit court entered an Amended Judgment on June 4, 2026. The court had previously remanded the case on May 14, 2026, for the entry of an appealable judgment. However, the court found that the Amended Judgment was not final or appealable. The judgment indicated that it contemplated adding eviction costs and did not specify the amount Bannister owed for unpaid rent after February 28, 2024. Additionally, it allowed Kern to file a claim for any property damage occurring after August 27, 2024, which contributed to the court's decision.
The Intermediate Court of Appeals, led by Presiding Judge Keith K. Hiraoka and Associate Judges Sonja M.P. McCullen and Kimberly T. Guidry, stated, "the Amended Judgment... is not final or appealable because it contemplates adding 'eviction costs' to the judgment." This ruling emphasizes the importance of having a clear and final judgment for an appeal to proceed.
The court ultimately ordered the dismissal of the appeal for lack of jurisdiction, stating, "IT IS HEREBY ORDERED that this appeal is dismissed for lack of jurisdiction. No judgment will be entered." This decision underscores the necessity for parties to ensure that all aspects of a judgment are resolved before seeking an appeal.
The impact of this ruling is significant for both Kern and Bannister. It means that the issues surrounding unpaid rent and property damage will need to be resolved in the circuit court before any appeal can be considered. This case serves as a reminder for landlords and tenants to understand the legal requirements for judgments and appeals in landlord-tenant disputes.
Going forward, this ruling may influence how similar cases are handled in Hawaii. It highlights the importance of having a complete and final judgment before attempting to appeal. This decision may also serve as a reference for future cases involving landlord-tenant disputes, particularly regarding the clarity of judgments.
As for what’s next, it is unclear whether Bannister will seek to address the issues outlined by the court to create a final judgment that can be appealed. There may also be related cases pending in the circuit court, but details were not available in the court filing.