Desert Palace, Inc. v. Minn
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NO. 24307 IN THE SUPREME COURT OF THE STATE OF HAWAI» I DESERT PALACE, INC., dba CAESARS PALACE, Plaintiff-Appellee/Cross-Appellee and LLOYD Y. ASATO, PAULA WALASHEK, FURUTANI SATO & KOMATSUBARA, and THE ESTATE OF CHIAKI MATSUO, Plaintiffs Intervenors-Appellees/Cross-Appellees, and SUMMIT SECURITIES INC. and THE MORTGAGE GROUP INC., Plaintiffs Intervenors-Appellees/Cross-Appellants vs. P. NATHAN MINN, Defendant-Appellant/Cross-Appellee APPEAL FROM THE FIRST CIRCUIT COURT (S.P. NO. 00-1-0589) 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 April 26, 2001 order, the Honorable Victoria S. Marks, presiding, decides some, but not all claims in S.P. No. 00-1-0589 inasmuch it does not decide the claim for attachment by plaintiff-intervenor Furutani Sato & Komatsubara; (2) the April 26, 2001 order was not reduced to a separate judgment certified under HRCP 54(b), as required by HRCP 58; see Jenkins v. Cades Schutte Fleming & Wright, 76 Hawai» 115, 869 P.2d 1334 i (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, (3) this appeal is premature and we lack jurisdiction. Therefore, IT IS HEREBY ORDERED that this appeal and cross-appeal are dismissed for lack of appellate jurisdiction. DATED: Honolulu, Hawai» i, August 31, 2001.
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