Martinez v. Nihipali
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NO. 24070 IN THE SUPREME COURT OF THE STATE OF HAWAI» I MARSHALL MARTINEZ, Plaintiff-Appellee and JOHN NIHIPALI, LIKI LIKI, JR., JACKSON RAYMOND, JAMES V. SOUZA, and ATNHONY BASQUE, Plaintiffs, vs. STEVEN W. POLLARD, BARRY J. COYNE, and STATE OF HAWAI» I, Defendants-Appellants APPEAL FROM THE FIRST CIRCUIT COURT (CIV. NO. 99-3145) ORDER DISMISSING APPEAL (By: Moon, C.J., Levinson, Nakayama, Ramil, and Acoba, JJ.) Upon review of the record, it appears that: (1) the circuit court s January 12, 2001 order dismissing Civil No. 993145, the Honorable Eden Elizabeth Hifo, presiding, has not been reduced to a separate judgment, as required by HRCP 58; see Jenkins v. Cades Schutte Fleming & Wright, 76 Hawai» 115, 869 i P.2d 1334 (1994); Price v. Obayashi, 81 Hawai» 171, 176, 914 i 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 7, 2001.
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