Banker's Trust Company v. Blanco

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NO. 24531 IN THE SUPREME COURT OF THE STATE OF HAWAI#I BANKER'S TRUST COMPANY, as Trustee, a California Corporation, Plaintiff vs. EDITHA CASTANAGA BLANCO, Defendant/Cross-Claim Defendant-Appellant and CHICAGO TITLE INSURANCE COMPANY, Defendant/Third-Party Plaintiff/Cross-Claimant-Appellee and DWYER IMANAKA SCHRAFF KUDO MEYER & FUJIMOTO, Defendant-Appellee and LORRIE C. RUMBAUGH, JOHN and MARY DOES 1-20, DOE PARTNERSHIPS, CORPORATIONS, OR OTHER ENTITIES 1-20, Defendants and ALFRED ANTHONY, et al., Third-Party Defendants APPEAL FROM THE FIRST CIRCUIT COURT (CIV. NO. 98-0276) ORDER DISMISSING APPEAL (By: Moon, C.J., Levinson, Nakayama, Ramil, and Acoba, JJ.) Upon review of the record, it appears that: (1) the circuit court s August 3, 2001 judgment, the Honorable Karen N. Blondin, presiding, purports to be the final judgment on defendant Chicago Title Insurance Company s cross-claim for foreclosure, but the judgment does not identify the claim for which the judgment is entered; see Jenkins v. Cades Schutte Fleming & Wright, 76 Hawai#i 115, 119-20, 869 P.2d 1334, 1338-39 (1994) (In a multiple claim or multiple party circuit court case, a judgment that purports to be the final judgment must identify the claims for which the judgment is entered.); 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 9, 2002. 2

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