Kuroda v. Chee
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NO. 23265 IN THE SUPREME COURT OF THE STATE OF HAWAI#I ) CAROL KURODA, MURIEL KURODA, individually and as a Special ) Administrator of the Estate of ) Blanche Olson Chee, aka Blanche ) ) Chee, ) ) Plaintiffs-Appellees/ ) Cross-Appellants, ) ) v. ) ) ROBERT CHEE and FAYE CHEE, ) ) Defendants-Appellants/ ) Cross-Appellees, ) ) and ) JOHN DOES 1-10; JANE DOES 1-10; ) ) DOE PARTNERSHIPS 1-10; DOE ) CORPORATIONS 1-10; ROE NON) PROFIT CORPORATIONS 1-10 and ) ROE GOVERNMENTAL ENTITIES, ) ) Defendants. _______________________________ ) CIV. NO. 94-3130 ORDER DISMISSING APPEAL AND CROSS-APPEAL Upon review of the statements of jurisdiction and the record, it appears that: (1) the claims in Civil No. 94-3130 were decided by jury verdict and by directed verdict; (2) the February 17, 2000 judgment, which purports to be the final judgment in Civil No. 94-3130, enters judgment in favor of and against the parties on the claims decided by jury verdict, but the judgment does not enter judgment in favor of and against the parties on the claims decided by directed verdict, as required by HRCP 58 and by our decision in Jenkins v. Cades Schutte Fleming & Wright, 76 Hawai#i 115, 119-20, 869 P.2d 1334, 1339-39 (1994); (3) entry of judgment on the claims decided by directed verdict is not effected by the declarations in the February 17, 2000 judgment that all other claims not addressed [in the judgment] have been disposed of by motion or there are no other remaining claims[.] ; see Jenkins, 76 Hawai#i at 120 n.4, 869 P.2d at 1339 n.4. ( A statement that declares there are no other outstanding claims is not a judgment. ); and thus, (4) the appeals from the February 17, 2000 judgment are premature and we lack jurisdiction. Therefore, IT IS HEREBY ORDERED that the appeals by Faye Chee and Robert Chee and the cross-appeal by Carol Kuroda and Muriel Kuroda are dismissed for lack of appellate jurisdiction. DATED: Honolulu, Hawai#i, June 16, 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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