Abordo v. Beaver

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NO. 23999 IN THE SUPREME COURT OF THE STATE OF HAWAI#I EDMUND M. ABORDO, Plaintiff-Appellant vs. ALFRED BEAVER, LANI RAE GARCIA and MARY TIWANAK, Defendants-Appellees APPEAL FROM THE FIRST CIRCUIT COURT (CIV. NO. 98-0-002929) ORDER DISMISSING APPEAL (By: Moon, C.J., Levinson, Nakayama, and Ramil, JJ., and Circuit Judge Cardoza, in place of Acoba, J., recused) Upon review of the record, it appears that: (1) the circuit court s November 22, 2000 order dismissing Civil No. 982929 has not been reduced to a separate judgment, as required by HRCP 58; see Jenkins v. Cades Schutte Fleming & Wright, 76 Hawai#i 115, 869 P.2d 1334 (1994); Price v. Obayashi, 81 Hawai#i 171, 176, 914 P.2d 1364, 1371 (1996); 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, August 14, 2001.

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