Bank of Hawaii v. Brown
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NO. 23217 IN THE SUPREME COURT OF THE STATE OF HAWAI#I BANK OF HAWAI#I, Plaintiff-Appellee vs. JAMES J. BROWN, Defendant-Appellant and VILLAS OF HAWAII, INC., a Hawai#i corporation, and RICHARD W. LEWIS, Defendants. APPEAL FROM THE FIRST CIRCUIT COURT (CIV. NO. 93-5028) (By: ORDER DISMISSING APEAL Moon, C.J., Levinson, Nakayama, Ramil, and Acoba, JJ.) Upon review of the record, it appears that: (1) the February 3, 2000 judgment, which purports to be certified pursuant to HRCP 54(b), does not contain the language necessary for certification under HRCP 54(b); see Jenkins v. Cades Schutte Fleming & Wright, 76 Hawai#i 115, 119-120, 869 P.2d 1334, 1338-39 (1994) ("[I]f a judgment purports to be the final judgment in a case involving multiple claims or multiple parties . . . [and] . . . if the judgment resolves fewer than all claims against all parties, . . . an appeal may be taken only if the judgment contains the language necessary for certification under HRCP 54(b). . . . [T]he necessary finding of no just reason for delay . . . must be included in the judgment."); 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, July 12, 2000. RONALD T. Y. MOON, Chief Justice STEVEN H. LEVINSON, PAULA A. NAKAYAMA, MARIO R. RAMIL, Associate Justice Associate Justice Associate Justice SIMEON R. ACOBA, JR., Associate Justice
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