Smith v. Maui County Police Department

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NO. 24934 IN THE SUPREME COURT OF THE STATE OF HAWAI#I EDWARD A. SMITH, Plaintiff-Appellant vs. MAUI COUNTY POLICE DEPARTMENT, Defendant-Appellee and NATHAN EHRLICH, M.D., STATE FARM INSURANCE CO., MAUI HUMANE SOCIETY, JOHN DOES, JOHN DOE CORPORATIONS, PARTNERSHIPS 1-10, ROE NON-PROFIT ORGANIZATIONS, AND ROE GOVERNMENTAL AGENCIES 1-10, Defendants APPEAL FROM THE SECOND CIRCUIT COURT (CIV. NO. 01-1-0590) ORDER DISMISSING APPEAL (By: Moon, C.J., Levinson, Nakayama, Ramil, and Acoba, JJ.) Upon review of the record, it appears that the circuit court s April 11, 2002 judgment, the Honorable Joseph E. Cardoza, presiding, is a judgment on the claims against one, but not all the defendants in Civil No. 01-1-0590. The judgment is not certified as a final judgment under HRCP 54(b) and the appeal of the judgment is premature. See HRS ยง 641-1(a); HRCP 54(b). Therefore, IT IS HEREBY ORDERED that this appeal is dismissed for lack of jurisdiction. DATED: Honolulu, Hawai#i, May 31, 2002.

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