Flowers v. United Services Automobile Association

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*** NOT FOR PUBLICATION *** NO. 26678 IN THE SUPREME COURT OF THE STATE OF HAWAI#I MARSHALL KENNETH FLOWERS, Plaintiff-Appellant vs. UNITED SERVICES AUTOMOBILE ASSOCIATION, Defendant-Appellee APPEAL FROM THE FIRST CIRCUIT COURT (CIV. NO. 02-1-1679) ORDER DISMISSING APPEAL (By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.) Upon review of the statements supporting and contesting jurisdiction and the record, it appears that the circuit court s April 12, 2004 order granting summary judgment and dismissing Civil No. 02-1-1679 has not been 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). The July 23, 2004 Notice of Entry of Judgment is a notice entered pursuant to HRCP 77(d) and is not a separate judgment entered pursuant to HRCP 58. Thus, this appeal is premature and we lack jurisdiction. Therefore, IT IS HEREBY ORDERED that this appeal is dismissed for lack of appellate jurisdiction. Dated: Honolulu, Hawai#i, October 29, 2004.

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