King v. Chong

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NO. 23372 IN THE SUPREME COURT OF THE STATE OF HAWAI#I MEGHAN R. KING and PHILIP H. CEDILLOS, Plaintiffs-Appellants vs. ROWAN CHONG, Individually and in his official capacity as a Maui County police officer, Defendant-Appellee and JOHN DOES 1-5, Defendants APPEAL FROM THE SECOND CIRCUIT COURT (CIV. NO. 99-0295) ORDER DISMISSING APPEAL (By: Moon, C.J., Levinson, Nakayama, Ramil, and Acoba, JJ.) Upon review of the record, it appears that: (1) the January 14, 2000 judgment, which purports to be the final judgment in Civil No. 99-0295, merely enters judgment in favor of the defendant and against the plaintiffs without stating that the judgment is entered as to all counts of the complaint; see Jenkins v. Cades Schutte Fleming & Wright, 76 Hawai#i 115, 119, 869 P.2d 1334, 1338-39 (1994) (In a multiple claim or multiple party circuit court case, a judgment that purports to be the final judgment must, on its face, show finality as to all claims by identifying the claims for which the judgment is entered.); 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, October 2, 2000. 2

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