Kau Agribusiness Co., Inc. v. Mason

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NO. 24228 IN THE SUPREME COURT OF THE STATE OF HAWAI#I KA#U AGRIBUSINESS CO., INC., Plaintiff-Appellee vs. MELVIN GLENN MASON, SR. and MATHILDA NOELANI BATALONA MASON, Defendants-Appellants and HEIRS AND ASSIGNS OF AHULAU, et al., Defendants APPEAL FROM THE THIRD CIRCUIT COURT (CIV. NO. 00-1-0292) ORDER DISMISSING APPEAL (By: Moon, C.J., Levinson, Nakayama, Ramil, and Acoba, JJ.) Upon review of the record, it appears that the circuit court s April 11, 2001 judgment, the Honorable Greg K. Nakamura, presiding, is a judgment on some, but not all of the quiet title claims in Civil No. 00-1-0292. The judgment is not certified as a final judgment under HRCP 54(b) and the appeal of the judgment is premature. See HRS § 641-1(a); HRCP 54(b). Therefore, IT IS HEREBY ORDERED that this appeal is dismissed for lack of jurisdiction. DATED: Honolulu, Hawai#i, August 21, 2001.

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