Ohumukini v. The Domestic Violence Clearinghouse and Legal Hotline

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*** NOT FOR PUBLICATION *** NO. 26866 IN THE SUPREME COURT OF THE STATE OF HAWAI#I VAN BRUCE K. OHUMUKINI, Plaintiff-Appellant vs. THE DOMESTIC VIOLENCE CLEARINGHOUSE AND LEGAL HOTLINE, Defendant-Appellee and JOHN DOES 1-10, DOE CORPORATIONS 1-10, DOE PARTNERSHIPS 1-20, DOE ASSOCIATIONS 1-10, and DOE ENTITIES 1-10, Defendants APPEAL FROM THE FIRST CIRCUIT COURT (CIV. NO. 04-1-0478) ORDER DISMISSING APPEAL (By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.) Upon review of the record, it appears that the circuit court granted summary judgment in favor of the defendant on the plaintiff s three causes of action. The September 16, 2004 final judgment, the Honorable Victoria S. Marks, presiding, which purports to be the final judgment in Civil No. 04-1-0478, enters judgment in favor of the defendant and against the plaintiff but does not state that judgment is entered as to all of the plaintiff s claims, as required by Jenkins v. Cades Schutte Fleming & Wright, 76 Hawai#i 115, 119-120, 869 P.2d 1334, 1339-39 (1994)(In a multiple claim circuit court case, a judgment that purports to be the final judgment is not appealable unless the judgment identifies the claims for which the judgment is entered.). The declaration that this Final Judgment resolves *** NOT FOR PUBLICATION *** all claims does not constitute entry of judgment in favor of the defendant on the plaintiff s three causes of action. appeal is premature and we lack jurisdiction. Thus, this Therefore, IT IS HEREBY ORDERED that this appeal is dismissed for lack of appellate jurisdiction. DATED: Honolulu, Hawai#i, February 11, 2005. 2

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