Kahumoku v. Halawa Department of Public Safety, State

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NO. 23676 IN THE SUPREME COURT OF THE STATE OF HAWAI#I SAMSON KAHUMOKU, Plaintiff-Appellant vs. HALAWA DEPARTMENT OF PUBLIC SAFETY, STATE OF HAWAI#I, Defendant-Appellee and HALAWA MEDICAL UNIT, CHRISTI L. KELIIPIO, ART R. HERNANDEZ, HALAWA MEDICAL SUPERIORS, JOHN DOES, and JANE DOES, Defendants APPEAL FROM THE FIRST CIRCUIT COURT (CIV. NO. 99-4201) (By: ORDER DISMISSING APPEAL Moon, C.J., Levinson, Nakayama, Ramil, and Acoba, JJ.) Upon review of the record, it appears that: (1) the July 26, 2000 order granting the motion to dismiss the complaint has not been reduced to a separate judgment, as required by Rule 58 of the Hawai#i Rules of Civil Procedure; 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, November 14, 2000.

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