DESERT PALACE, INC. v. MINN, 24307 (Haw. 8-31-2001)

24307Supreme Court of Hawaii.
August 31, 2001.

APPEAL FROM THE FIRST CIRCUIT COURT (S.P. NO. 00-1-0589).

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

ORDER DISMISSING APPEAL
Upon review of the record, it appears that: (1) the circuit court’s April 26, 2001 order, the honorable Victoria S. Marks, presiding, decides some, but not all claims in S.P. No. 00-1-0589 inasmuch it does not decide the claim for attachment by plaintiff-intervenor Furutani Sato
Komatsubara; (2) the April 26, 2001 order was not reduced to a separate judgment certified under HRCP 54(b), as required by HRCP 58; see Jenkins v. Cades Schutte Fleming Wright, 76 Haw. 115, 869 P.2d 1334 (1994) (An order that disposes of claims is not appealable unless the order is reduced to a separate judgment. The judgment must be certified under HRCP 54(b) if it disposes of less than all the claims.); and thus, (3) this appeal is premature and we lack jurisdiction. Therefore,

IT IS HEREBY ORDERED that this appeal and cross-appeal are dismissed for lack of appellate jurisdiction.