REALTY FINANCE, INC.,
Plaintiff-Appellee,
v.
THOMAS FRANK SCHMIDT; LORINNA JHINCIL SCHMIDT; KALOKO TWO PARTNERSHIP, a Hawaii limited partnership; AMERASIAN LAND CO., a Nevada corporation; ASSOCIATION OF APARTMENT OWNERS OF THE MARCO POLO APARTMENTS, an unincorporated condominium association; LAWHN & KEEVER, a law corporation; JOHN RAPP; DOUGLAS J. IGE; INVESTORS FINANCE, INC., a Hawaii corporation; STATE OF HAWAII by and through the Chief, Oahu Collection Branch; JOHN DOES 1-50; JANE DOES 1-50; DOE PARTNERSHIPS 1-50; DOE CORPORATIONS 1-50; DOE ENTITIES 1-50; and DOE GOVERNMENTAL UNITS 1-50,
Defendants.
_______________________________
TURLINGTON CORPORATION as Successor in Interest to Defendant John Rapp,
Party-In-Interest-Appellant.
_______________________________
CIV. NO. 97-1235
[ORDER DISMISSING APPEAL]
Upon review of the record, it appears that: (1) the appeal of the January 31, 2000 order approving distribution of proceeds is an appeal from the second part of the foreclosure case filed in Civil No. 97-1235; (2) the second part of the foreclosure case has not been finally decided inasmuch as an order distributing the surplus proceeds or otherwise finally ending all matters incidental to enforcement of the February 24, 1998 judgment of foreclosure has not been entered; see Sturkie v. Han, 2 Haw. App. 140, 146-47, 627 P.2d 296, 301-02 (1981); Hoge v. Kane I, 4 Haw. App. 246, 247, 663 P.2d 645, 647 (1983); and, thus, (3) the appeal of the January 31, 2000 order is premature and we lack jurisdiction. Therefore,
IT IS HEREBY ORDERED that this appeal is dismissed for lack of appellate jurisdiction.
DATED: Honolulu, Hawaii, June 20, 2000.
RONALD T.Y. MOON, Chief Justice
STEVEN H. LEVINSON, Associate Justice
PAULA A. NAKAYAMA, Associate Justice
MARIO R. RAMIL, Associate Justice
SIMEON R. ACOBA, JR., Associate Justice