Diplomat Tours and Travel, Inc. v. Lazo

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*** NOT FOR PUBLICATION *** NO. 26252 IN THE SUPREME COURT OF THE STATE OF HAWAI#I DIPLOMAT TOURS AND TRAVEL INC., Plaintiff-Appellee vs. VERONICA B. LAZO, Defendant-Appellant and DELIA ENCARNACION ALUPAY dba PHIL USA TRAVEL & SERVICES, Defendants APPEAL FROM THE DISTRICT COURT OF THE FIRST CIRCUIT (CIV. NO. 1RC03-1-3438) ORDER DISMISSING APPEAL (By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.) Upon review of the record, it appears that Civil No. 1RC03-1-3438 has not been finally decided inasmuch as judgment has not been entered on the claim against defendant Delia Alupay. The October 27, 2003 judgment against defendant-appellant Veronica Lazo was not certified as a final judgment pursuant to DCRCP 54(b). Thus, the appeal of the October 27, 2003 judgment is premature and we lack jurisdiction. DCRCP 54(b). See HRS § 641-1(a); 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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