Heenan v. Ashford and Wriston

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NO. 23845 IN THE SUPREME COURT OF THE STATE OF HAWAI#I D.A. HEENAN, C.R. CHURCHILL, and THOMAS C. LEPPERT, Trustees under the Will and of the Estate of James Campbell, Deceased, acting in their fiduciary and not in their individual capacities, Plaintiffs-Appellants vs. ASHFORD & WRISTON, a law partnership; et al., Defendants-Appellees (CIV. NO. 99-0533) ----------------------------------------------------------------C.R. CHURCHILL, D.A. Trustees under the Campbell, Deceased, in their individual HEENAN and RICHARD W. GUSHMAN, II, Will and of the Estate of James acting in their fiduciary and not capacities, Plaintiffs-Appellants vs. PAUL S. AOKI; et al., Defendants-Appellees (CIV. NO. 00-1-1706) ----------------------------------------------------------------RICHARD W. GUSHMAN, II and RONALD J. ZLATOPER, Trustees Under the Will and of the Estate of James Campbell, Deceased, acting in their fiduciary and not in their individual capacities, Plaintiffs-Appellants vs. ASHFORD & WRISTON, a law partnership; et al., Defendants-Appellees (CIV. NO. 00-1-2028) APPEAL FROM THE FIRST CIRCUIT COURT (CIV. NOS. 99-0533; 00-1-1706; & 00-1-2028) ORDER DISMISSING APPEAL (By: Moon, C.J., Levinson, Nakayama, Ramil, and Acoba, JJ.) Upon review of the record, it appears that: (1) the September 29, 2000 order, which dismisses Civil No. 99-0533 and Civil No. 00-1-1706 and partially dismisses Civil No. 00-1-2028, has not been reduced to a separate judgment certified under HRCP 54(b), as required by HRCP 58; Jenkins v. Cades Schutte Fleming & Wright, 76 Hawai#i 115, 869 P.2d 1334 (1994) (An order that disposes of claims is not appealable unless the order is reduced to a separate judgment. The judgment must be certified under HRCP 54(b) if it disposes of less than all the claims.); and, thus, (2) this appeal is premature and we lack jurisdiction. Therefore, IT IS HEREBY ORDERED that this appeal is dismissed for lack of appellate jurisdiction. DATED: Honolulu, Hawai#i, January 31, 2001.

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