Scarpelli v. Hines

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*** NOT FOR PUBLICATION *** NO. 26217 IN THE SUPREME COURT OF THE STATE OF HAWAI#I ANTHONY PETER SCARPELLI, Plaintiff-Counterclaim Defendant Appellant vs. BU RAN HINES, Defendant Counterclaimant Appellee APPEAL FROM THE FIRST CIRCUIT COURT (CIV. NO. 03-1-1206) 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 October 15, 2003 order granting summary judgment on the claims and counterclaim asserted in Civil No. 03-1-1206 was not 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, March 15, 2004.

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