Martinez v. Sakai

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NO. 24688 IN THE SUPREME COURT OF THE STATE OF HAWAI#I MARSHALL MARTINEZ, Plaintiff-Appellant, vs. TED SAKAI, Director of Public Safety; EDWIN SHIMODA, Administrator, Institutions Division, et al., Defendants-Appellees. APPEAL FROM THE THIRD CIRCUIT COURT (CIV. NO. 00-1-312) 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 September 20, 2001 order dismissing Civil No. 00-1-312 (GKN), the Honorable Greg K. Nakamura presiding, has not been reduced to a separate judgment, as required by Rule 58 of the Hawai#i Rules of Civil Procedure. See Jenkins v. Cades Schutte Fleming & Wright, 76 Hawai#i 115, 119, 869 P.2d 1334, 1338 (1994); Price v. Obayashi, 81 Hawai#i 171, 176, 914 P.2d 1364, 1369 (1996). jurisdiction. Therefore, this appeal is premature and we lack Accordingly, IT IS HEREBY ORDERED that this appeal is dismissed for lack of appellate jurisdiction. DATED: Honolulu, Hawai#i, March 14, 2002.

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