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» Corporation, Defendants-Appellees i APPEAL FROM THE FIRST CIRCUIT COURT (CIV. NO. 95-3790) ORDER (By: Moon, C.J., Levinson, Nakayama, Ramil, and Acoba, JJ.) Upon consideration of the motion for reconsideration of the July 19, 2001 order dismissing appeal, the papers in support and the record, it appears that: (1) we gave clear notice that [a]n appeal from an order that is not reduced to a [separate] judgment . . . by the time the record is filed in the supreme court will be dismissed," Jenkins v. Cades Schutte Fleming & Wright, 76 Hawai» 115, 120, 869 P.2d 1334, 1339 (1994); and i (2) absent entry of a separate judgment on that part of the February 7, 2001 order that dismisses Civil No. 95-3790 without prejudice, the other part of the order that denies relief under HRCP 60(b) is not an appealable post-judgment order. Therefore, IT IS HEREBY ORDERED that the motion for reconsideration or for temporary remand is denied. DATED: Honolulu, Hawai» i, August 7, 2001. R. Steven Geshell for plaintiffs-appellants on the motion
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