Bank of Hawaii v. PMJ Builders, Inc.
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NO. 24620 IN THE SUPREME COURT OF THE STATE OF HAWAI#I BANK OF HAWAII, Plaintiff-Appellee vs. PMJ BUILDERS, INC., PETER P. MALBOG, JR., also known as PETER PARAYNO MALBOG, JR., ARLAX T. MALBOG, also known as ARLAX TABULA MALBOG, Defendants-Appellants and JOHN DOES 1-50, JANE DOES 1-50, DOE PARTNERSHIPS 1-50, DOE CORPORATIONS 1-50, DOE ENTITIES 1-50, and DOE GOVERNMENTAL UNITS 1-50, Defendants APPEAL FROM THE FIRST CIRCUIT COURT (CIV. NO. 00-1-1958) 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 September 25, 2001 judgment, the Honorable Karen N. Blondin, presiding, purports to be a final judgment against Defendant-Appellant PMJ Builders, Inc., on the claims for foreclosure of the mortgage and for execution upon the security agreements, but the judgment, which is certified pursuant to Rule 54(b) of the Hawai#i Rules of Civil Procedure, does not identify the claims for which the judgment is entered; see Jenkins v. Cades Schutte Fleming & Wright, 76 Hawai#i 115, 119, 869 P.2d 1334, 1338 (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 it 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, March 5, 2002. - 2 -
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