AAMES CAPITAL CORPORATION v. VISORIA, 23840 (Haw. 2-1-2001)


AAMES CAPITAL CORPORATION, Plaintiff-Appellee vs. Crisencio Vallar VISORIA, Victoria Pabo Visoria, and Joann Urubio VISORIA, Defendants-Appellants and Perfect Title Company and John and Mary Does 1-20, Doe Partnerships, Corporations, or Other Entities 2-20, Defendants.

23840.Supreme Court of Hawaii.
February 1, 2001.

Appeal from the First Circuit Court (Civ. No. 97-1038).

MOON, C.J., LEVINSON, NAKAYAMA, RAMIL, and ACOBA, JJ.

ORDER DISMISSING APPEAL
Upon review of the record, it appears that: (1) the appeal of the September 27, 2000 order denying relief under HRCP 60(b) from the judgment of foreclosure is an appeal from the second part of the foreclosure case filed in Civil No. 97-1038; (2) the second part of the foreclosure case has not been finally completed inasmuch as a deficiency judgment has yet to be entered; see Hoge v. Kane I, 4 Haw. App. 246, 247, 663 P.2d 645, 647 (1983); and, thus, (3) this appeal is premature and we lack jurisdiction. Therefore,

IT IS HEREBY ORDERED that this appeal is dismissed for lack of appellate jurisdiction.