MILILANI TOWN ASSOCIATION v. LUM, 23304 (Haw. 10-26-2000)

23304.Supreme Court of Hawaii.
October 26, 2000.

Appeal from the First Circuit Court (Civ. No. 99-5097).

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

ORDER DISMISSING APPEAL
Upon review of the record, it appears that: (1) the judgment entered on February 25, 2000 states that the plaintiff’s claim for unpaid assessments was voluntarily dismissed, but the voluntary dismissal of that claim is not supported by the record and no voluntary dismissal of that claim was effected pursuant to HRCP 41(a)(1); (2) the February 25, 2000 judgment purports to be the final judgment on all claims asserted in Civil No. 97-5097, but the judgment does not show finality as to all claims because it does not dismiss or enter judgment on the claim for unpaid assessments, as required by HRCP 58; see Jenkins v. Cades Schutte Fleming Wright, 76 Haw. 115, 119-120, 869 P.2d 1334, 1339-39 (1994); (3) entry of judgment on the claim for unpaid assessments is not effected by the declaration in the February 25, 2000 judgment that “there are no outstanding claims against any parties;” see Jenkins, 76 Hawaii at 120 n. 4, 869 P.2d at 1339 n. 4 (“A statement that declares `there are no other outstanding claims’ is not a judgment.”); and, thus, (4) this appeal is premature and we lack jurisdiction. Therefore,

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