Yasumura v. Lillie

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NO. 24104 IN THE SUPREME COURT OF THE STATE OF HAWAI#I DAVID YASUMURA and ALICE YASUMURA, Plaintiffs-Appellants vs. KARL LILLIE and KJ & T CORPORATION, a Hawai#i Corporation, Defendants-Appellees APPEAL FROM THE FIRST CIRCUIT COURT (CIV. NO. 95-3790) 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 February 7, 2001 order dismissing Civil No. 953790, the Honorable Sabrina S. McKenna, presiding, 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, July 19, 2001.

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