Healthy's Inc. v. Ridley

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NO. 24182 IN THE SUPREME COURT OF THE STATE OF HAWAI#I HEALTHY'S INC., dba DOWN TO EARTH NATURAL FOODS, MARK FERGUSSON, GEORGE JOHNSON, and PETER VAN OSDOL, Plaintiffs-Appellants vs. CHARLES RIDLEY, SEAN McSWEENEY, and FRED GUNN, Defendants-Appellees and CHRISTINE REEVES, SIRKKA AHO, BRANDY PEITERSON, STACIE HAYNES, MICHAEL DIBBLE, DALE MICHAELS, DAYALAN NAGALINGAM, JOHN DOES 1-10, JANE DOES 1-10, DOE CORPORATIONS 1-10, DOE PARTNERSHIPS 1-10, and DOE ENTITIES 1-10, Defendants (CIV. NO. 00-1-3187) ----------------------------------------------------------------CHARLES RIDLEY, CHRISTINE REEVES, and SEAN McSWEENEY, Plaintiffs vs. HEALTHY'S INC., dba DOWN TO EARTH NATURAL FOODS, MARK FERGUSSON, PETER VAN OSDOL, GEORGE JOHNSON and DOE DEFENDANTS 1-10, Defendants (CIV. NO. 00-1-3125) ----------------------------------------------------------------DAYALAN NAGALINGAM, Plaintiff vs. HEALTHY'S INC., dba DOWN TO EARTH NATURAL FOODS; MARK FERGUSSON; PETER VAN OSDOL; GEORGE JOHNSON and DOE DEFENDANTS 1-10, Defendants (CIV. NO. 00-1-3678) APPEAL FROM THE FIRST CIRCUIT COURT (CIV. NOS. 00-1-3187, 00-1-3125, & 00-1-3678) 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 28, 2001 order dismissing Civil No. 001-3187 as to defendants Charles Ridley, Sean McSweeney and Fred Gunn, the Honorable Sabrina S. McKenna, presiding, has not been reduced to a separate judgment certified under HRCP 54(b), as required by HRCP 58; see Jenkins v. Cades Schutte Fleming & Wright, 76 Hawai#i 115, 869 P.2d 1334 (1994) (An order that disposes of claims is not appealable unless the order is reduced to a separate judgment. The judgment must be certified under HRCP 54(b) if it disposes of less than all the claims.); 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 12, 2001.

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