The H.E. Johnson Co., Inc. v. Emma International, Inc.

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NO. 23694 IN THE SUPREME COURT OF THE STATE OF HAWAI#I THE H.E. JOHNSON COMPANY, INC., Plaintiff-Appellant vs. EMMA INTERNATIONAL, INC. and BANK OF HONOLULU, Defendants-Appellees and JOHN DOES 1-50; MARY DOES 1-50; DOE PARTNERSHIPS 1-50; DOE CORPORATIONS AND OTHER ENTITIES 1-50, Defendants APPEAL FROM THE FIRST CIRCUIT COURT (CIV. NO. 91-4242) (By: ORDER DISMISSING APPEAL Moon, C.J., Levinson, Nakayama, Ramil, and Acoba, JJ.) Upon review of the statements supporting and contesting jurisdiction and the record, it appears that: (1) the August 1, 2000 order granting the motion to dismiss the complaint has not been reduced to a separate judgment, as required by 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, December 26, 2000.

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