Boharski v. State, Department of Public Safety

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NO. 24545 IN THE SUPREME COURT OF THE STATE OF HAWAI#I DANIEL BOHARSKI, Plaintiff-Appellant vs. STATE OF HAWAI#I, DEPARTMENT OF PUBLIC SAFETY; RICK AU, Supervisor; and NOLAN ESPINDA, Warden, Defendants-Appellees APPEAL FROM THE FIRST CIRCUIT COURT (CIV. NO. 00-1-0546) ORDER DISMISSING APPEAL (By: Moon, C.J., Levinson, Nakayama, Ramil, and Acoba, JJ.) Upon review of the statements supporting and contesting jurisdiction and the record, it appears that the circuit court s August 21, 2001 order granting summary judgment in Civil No. 001-0546, the Honorable Gary W. B. Chang, presiding, has not been reduced to a separate judgment, as required by HRCP 58. See Jenkins v. Cades Schutte Fleming & Wright, 76 Hawai#i 115, 869 P.2d 1334 (1994). jurisdiction. Thus, this appeal is premature and we lack Therefore, IT IS HEREBY ORDERED that this appeal is dismissed for lack of appellate jurisdiction. Dated: Honolulu, Hawai#i, January 14, 2002.

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