IN THE SUPREME COURT OF THE STATE OF HAWAI`I
MARGUERITE HANAKEAWE, aka Marguerite Hanakeawe Johnston,
and DENNIS HANAKEAWE, Plaintiffs-Appellants/Cross-Appellees
vs.
NANSAY HAWAII, INC., a Hawai`i corporation,
Defendant-Appellee/Cross-Appellant
and
STATE OF HAWAI`I, DEPARTMENT OF LAND AND NATURAL RESOURCES, et
al., Defendants-Appellees
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NANSAY HAWAII, INC., a Hawaii corporation,
Crossclaimant-Appellee/Cross-Appellant
vs.
HEIRS OF KAPENA and heirs of FRANK PIULU KAHAPEA,
Crossclaim Defendants-Appellants/Cross-Appellees
and
HEIRS OF NAAUKIUKIU, et al., Crossclaim Defendants
ORDER DISMISSING APPEAL
(By: Moon, C.J., Levinson, Nakayama, Ramil, and Acoba, JJ.)
Upon review of the statements supporting and contesting jurisdiction
and the record, it appears that the September 29, 1998 judgment, which
entered judgment on some, but not all claims in Civil No. 90-316K, was
not a final judgment and was not appealable until it was certified under
HRCP 54(b) by judgment entered January 21, 1999. The notices of appeal
filed on
October 28, 1998 were not timely appeals from the January 21, 1999
certified judgment under HRAP 4(a)(2) (1984) because the appeals were filed
before HRCP 54(b) certification was announced on December 14, 1998. See
HRAP 4(a)(2); Wong v. Takeuchi,
83 Hawai`i 94, 99-102, 924 P.2d 588, 593-96 (App. 1996). Thus, we lack
jurisdiction over these appeals. Therefore,
IT IS HEREBY ORDERED that the appeals of appellants Marguerite Hanakeawe and Dennis Hanakeawe and appellants Heirs of Frank Kahapea are dismissed for lack of appellate jurisdiction.
DATED: Honolulu, Hawai`i, April 11, 2002.