Diplomat Tours and Travel, Inc. v. Tagudin

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*** NOT FOR PUBLICATION *** NO. 26251 IN THE SUPREME COURT OF THE STATE OF HAWAI#I DIPLOMAT TOURS AND TRAVEL INC., Plaintiff-Appellee vs. MARILOU T. TAGUDIN, Defendant-Appellant and DELIA ENCARNACION ALUPAY dba PHIL USA TRAVEL & SERVICES, Defendants APPEAL FROM THE DISTRICT COURT OF THE FIRST CIRCUIT (CIV. NO. 1RC03-1-3439) ORDER DISMISSING APPEAL (By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.) Upon review of the record, it appears that Civil No. 1RC03-1-3439 has not been finally decided inasmuch as judgment has not been entered on the plaintiff s claim against defendant Delia Alupay and the cross-claim against Alupay has not been resolved. The October 28, 2003 Findings of Fact, Conclusions of Law and Order did not finally end Civil No. 1RC-03-1-3439. Thus, the appeal of the October 28, 2003 order is premature and we lack jurisdiction. See HRS § 641-1(a); Casumpang v. ILWU, 91 Hawai#i 425, 984 P.2d 1251 (1999). Therefore, IT IS HEREBY ORDERED that this appeal is dismissed for lack of appellate jurisdiction. DATED: Honolulu, Hawai#i, March 2, 2004.

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