NO. 23108



IN THE SUPREME COURT OF THE STATE OF HAWAII



PATRICIA COUGHLIN,

Plaintiff-Appellant,

vs.

WILLIAM CATALDO,

Defendant-Appellee,

and

ALOHA UNLIMITED, INC., CLIFFORD

KAONUI, GARY HEILIGMAN,

CATHERINE MAWAE, RONALD

TAKEUCHI, RANDALL Y.K. CHAR,

ALOHA ONE, INC., ALOHA VIP

TOURS, INC., SUSAN WONG, OREN

MURAKAMI, and JILL KAEAIAKALA-

AWONG and DOE DEFENDANTS 1-10,

Defendants.

CIV. NO. 88-0642

________________________________

WILLIAM ANTHONY CATALDO,

Plaintiff,

vs.

ALEXANDER & BALDWIN, INC., a

Hawaii corporation; THE CHASE

MANHATTAN BANK, N.A.; STATE OF

HAWAII; CITY AND COUNTY OF

HONOLULU; PATRICIA MARYANN

COUGHLIN; JOHN DOES 1-10;

JANE DOES 1-10; DOE

GOVERNMENTAL ENTITIES 1-10, DOE

PARTNERSHIPS 1-10, and DOE

CORPORATIONS 1-10,

Defendants.

CIV. NO. 88-0961

________________________________



ORDER DISMISSING APPEAL

Upon review of the record, it appears that: (1) the assertion that defendant Cataldo violated the April 16, 1993 preliminary injunction was not a claim for relief in the complaint filed in Civil No. 88-0642 for which judgment was demanded under HRCP 8(a) and for which judgment could be entered under HRCP 58; (2) the December 22, 1999 judgment, which purports to be an HRCP 58 final judgment on the April 4, 1997 order determining that defendant Cataldo did not violate the preliminary injunction, is of no legal effect and is not appealable; (3) the April 4, 1997 order, which denied enforcement of the preliminary injunction, was immediately appealable under the collateral order doctrine, but no collateral order appeal was filed; (4) the April 4, 1997 order is not reviewable on appeal of the December 22, 1999 judgment dismissing all claims in Civil No. 88-0642 inasmuch as the judgment was entered pursuant to the September 20, 1999 stipulated dismissal of all claims under HRCP 41(a)(1)(B) and the stipulated dismissal with prejudice is not appealable; see 8 Moore's Federal Practice, § 41.34[7][b] (Matthew Bender 3d. ed.) ("A party may not appeal from a stipulated dismissal with prejudice because it is not an involuntary adverse judgment."); and thus, (5) we lack jurisdiction over this appeal. Therefore,

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

DATED: Honolulu, Hawai'i, June 22, 2000.



RONALD T.Y. MOON, Chief Justice



STEVEN H. LEVINSON, Associate Justice



PAULA A. NAKAYAMA, Associate Justice



MARIO R. RAMIL, Associate Justice



SANDRA A. SIMMS, Acting Associate Justice