Hawkins v. Waikoloa Village Association
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*** NOT FOR PUBLICATION ***
NO. 26083
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
LYNN HAWKINS, Plaintiff-Appellee/Cross-Appellant
vs.
WAIKOLOA VILLAGE ASSOCIATION, Defendant-Appellant/Cross-Appellee
JOHN MAURO; JOHN DOES 1-10, JANE DOES 1-10 and DOE PARTNERSHIPS,
CORPORATIONS, GOVERNMENTAL UNITS OR OTHER ENTITIES 1-10,
Defendants
APPEAL FROM THE THIRD CIRCUIT COURT
(CIV. NO. 99-0515)
ORDER DISMISSING APPEAL
(By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.)
Upon review of the record, it appears that the circuit
court’s April 21, 2003 judgment, the Honorable Terence T.
Yoshioka, presiding, which purports to be the final judgment in
Civil No. 99-0515, does not identify the claim for which the
award of $109,447.67 is made in favor of the plaintiff and
against defendant Waikoloa Village Association and does not enter
judgment on or resolve all of the plaintiff’s claims and all of
the defendants’ counterclaims, as required by Jenkins v. Cades
Schutte Fleming & Wright, 76 Hawai#i 115, 119-120, 869 P.2d 1334,
1339-39 (1994)(In a multiple claim, multiple party circuit court
case, a judgment that purports to be the final judgment is not
appealable unless the judgment identifies the claims for which
the judgment is entered and on its face, shows finality as to all
claims against all the parties.
“A statement that declares
*** NOT FOR PUBLICATION ***
‘there are no other outstanding claims’ is not a judgment.”).
Thus, 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, January 7, 2004.
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