Ordona v. Iyamatsu

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NO. 24472 IN THE SUPREME COURT OF THE STATE OF HAWAI» I MAYNE Q. ORDONA and HERCULES C. ORDONA, Plaintiffs-Appellants vs. DEVIN K. IYAMATSU, Defendant-Appellee and JOHN DOES 1-5; JANE DOES 1-5; DOE PARTNERSHIPS 1-5; DOE CORPORATIONS 1-5 and DOE GOVERNMENTAL ENTITIES 1-5, Defendants APPEAL FROM THE FIRST CIRCUIT COURT (CIV. NO. 97-0917) ORDER DISMISSING APPEAL (By: Moon, C.J., Levinson, Nakayama, Ramil, and Acoba, JJ.) Upon review of the record, it appears that: (1) Civil No. 97-0917 was dismissed by the circuit court by order entered April 18, 2001; (2) the April 18, 2001 order of dismissal, the Honorable Richard W. Pollack, presiding, has not been reduced to a separate judgment, as required by HRCP 58; see Jenkins v. Cades Schutte Fleming & Wright, 76 Hawai» 115, 869 P.2d 1334 (1994); i Price v. Obayashi, 81 Hawai» 171, 176, 914 P.2d 1364, 1371 i (1996); and thus, (3) the appeal of April 18, 2001 order and the orders denying reinstatement of the case and for entry of judgment on the arbitration award 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, November 30, 2001. 2

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