Garcia v. Ferreira

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NO. 23429 IN THE SUPREME COURT OF THE STATE OF HAWAI#I STEPHEN G. GARCIA, dba LAW OFFICES OF STEPHEN G GARCIA, a Hawai#i sole proprietorship, Plaintiff/Counterclaim Defendant-Appellant vs. GEORGE P. FERREIRA, JR.; ELEANOR L. FERREIRA, Defendants-Appellees, ARTHUR K. TRASK, JR., Defendant/Counterclaimant-Appellee COUNTY OF MAUI; STATE OF HAWAI#I; JOHN DOES 1-100; JANE DOES 1-00; DOE CORPORATIONS 1-10; DOE PARTNERSHIPS 1-10; and DOE GOVERNMENTAL ENTITIES 1-10, Defendants and HAROLD BRONSTEIN, Intervenor-Appellee (CIV. NO. 93-0308) and COUNTY OF MAUI, by and through its Director of Finance, Plaintiff vs. GEORGE P. FERREIRA, JR. and ELEANOR B. FERREIRA, Defendants/Counterclaim Defendants-Appellees, STEPHEN G. GARCIA, dba Law Offices of Stephen G. Garcia, Defendant/Counterclaimant-Appellant and JOHN DOES 1-10; JANE DOES 1-10; DOE PARTNERSHIPS 1-10; DOE CORPORATIONS 1-10; DOE ENTITIES 1-10; and DOE GOVERNMENTAL UNITS 1-10, (CIV. NO. 98-0863) APPEAL FROM THE SECOND CIRCUIT COURT (By: ORDER DISMISSING APPEAL Moon, C.J., Levinson, Nakayama, Ramil, and Acoba, JJ.) Upon review of the record, it appears that: (1) the claims in consolidated Civil Nos. 93-0308 and 98-0863 were finally resolved by orders entered on March 20, 2000, April 14, 2000 and May 19, 2000, but a final judgment resolving all claims of all the parties has not been entered in accordance with HRCP 58; and thus, (2) this appeal is premature and we lack jurisdiction. See Jenkins v. Cades Schutte Fleming & Wright, 76 Hawai#i 115, 869 P.2d 1334 (1994). Therefore, IT IS HEREBY ORDERED that this appeal is dismissed for lack of appellate jurisdiction. DATED: Honolulu, Hawai#i, August 9, 2000

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