Del Monte Fresh Produce

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*** NOT FOR PUBLICATION *** NO. 26905 IN THE SUPREME COURT OF THE STATE OF HAWAI#I DEL MONTE FRESH PRODUCE (HAWAII), INC.; EDWARD C. LITTLETON; STACIE SASAGAWA; GORDON REZENTES; and DIXON SUZUKI, Appellants-Appellants vs. INTERNATIONAL LONGSHORE AND WAREHOUSE UNION, LOCAL 142, AFL-CIO, Union-Appellee-Appellee and HAWAII LABOR RELATIONS BOARD; BRIAN K. NAKAMURA; Chairperson, CHESTER C. KUNITAKE, Board Member; and KATHLEEN RECUYA-MARKRICH, Board Member, Appellees-Appellees APPEAL FROM THE FIRST CIRCUIT COURT (CIV. NO. 04-1-0765) ORDER DISMISSING APPEAL (By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.) Upon review of the record, it appears that the circuit court s September 21, 2004 order affirming the decision of the Hawaii Labor Relations Board has not been reduced to a separate judgment as required by HRCP 58 and 72(k). premature and we lack jurisdiction. Thus, this appeal is See Jenkins v. Cades Schutte Fleming & Wright, 76 Hawai#i 115, 869 P.2d 1334 (1994). Therefore, *** NOT FOR PUBLICATION *** IT IS HEREBY ORDERED that this appeal is dismissed for lack of appellate jurisdiction. DATED: Honolulu, Hawai#i, January 28, 2005. 2

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