Kaopuiki v. Kealoha

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NO. 23740 IN THE SUPREME COURT OF THE STATE OF HAWAI#I PAULA KAOPUIKI, as Guardian for WILLIAM P. ENOS, Plaintiff-Appellant vs. SONIA ESTHER KEALOHA and DOREEN KUSUNOKI, Co-Personal Representatives of THE ESTATE OF RUSSELL KALANI OPIO KEALOHA; FLETCHER PACIFIC CONSTRUCTION COMPANY, LTD., Defendants-Appellees and JOHN DOES 1-10; JANE DOES 1-10; DOE PARTNERSHIPS 1-10; DOE CORPORATIONS 1-10; DOE GOVERNMENTAL ENTITIES 1-10, Defendants APPEAL FROM THE FIRST CIRCUIT COURT (CIV. NO. 93-0100) ORDER DISMISSING APPEAL (By: Moon, C.J., Levinson, Nakayama, Ramil, and Acoba, JJ.) Upon review of the record, it appears that: (1) the June 1, 2000 judgment purports to be the final judgment in Civil No. 99-0100, but the judgment does not show finality as to all claims inasmuch as it does not enter judgment on the claim against defendant Fletcher Pacific Construction Company, as required by HRCP 58; see Jenkins v. Cades Schutte Fleming & Wright, 76 Hawai#i 115, 119-20, 869 P.2d 1334, 1339-39 (1994) (In a multiple party circuit court case, a judgment that purports to be the final judgment must, on its face, show finality as to all claims against all the parties.); 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, January 11, 2001. 2

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