Aduja v. Schuster (Order Dismissing Appeal)

NO. 23346

IN THE SUPREME COURT OF THE STATE OF HAWAII

MELODIE C. ADUJA, Plaintiff-Appellant

vs.

TOSHIKI SCHUSTER, SIEGFRIED SCHUSTER,

MID-PACIFIC OF HAWAII, INC.,

and WESLEY K.C. LAU, Defendants-Appellees,

and

BUREAU OF CONVEYANCES; JOHN DOES 1-10;

JANE DOES 1-10; DOE PARTNERSHIPS 1-10;

DOE CORPORATIONS 1-10; DOE ENTITIES 1-10;

and DOE GOVERNMENTAL UNITS 1-10, Defendants

APPEAL FROM THE FIRST CIRCUIT COURT

(CIV. NO. 99-3976)

ORDER DISMISSING APPEAL

(By: Moon, C.J., Levinson, Nakayama,

Ramil, and Acoba, JJ.)

Upon review of the record, it appears that: (1) the March 9, 2000 order granting summary judgment has not been reduced to a separate judgment, as required by Rule 58 of the Hawaii Rules of Civil Procedure; and, thus, (2) this appeal is premature and we lack jurisdiction. See Jenkins v. Cades Schutte Fleming & Wright, 76 Hawaii 115, 869 P.2d 1334 (1994). Therefore,

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

DATED: Honolulu, Hawaii, July 12, 2000.