NO. 23350



IN THE SUPREME COURT OF THE STATE OF HAWAII



ASSOCIATION OF APARTMENT OWNERS OF EWA APARTMENTS,

a Hawaii non-profit corporation, by its Board of

Directors, Plaintiff-Appellee,



vs.



ALBERT W. EMPRON and HELEN A. EMPRON, Defendants-Appellants



and



BANKERS TRUST COMPANY, as Trustee for the registered

holders of Solomon Brothers Mortgage Securities VII, Inc., Mortgage Pass-Through Certificates, Series 1994-2-1,

a California corporation; ASSOCIATES FINANCIAL SERVICES

COMPANY OF HAWAII INC., a Hawaii corporation; JOHN

DOES 1-20; JANE DOES 1-20; DOE PARTNERSHIPS 1-20;

DOE CORPORATIONS 1-20; DOE ENTITIES 1-20;

and DOE GOVERNMENTAL UNITS 1-20, Defendants



APPEAL FROM THE FIRST CIRCUIT COURT

(CIV. NO. 97-2069)



ORDER DISMISSING APPEAL

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

Nakayama, Ramil, and Acoba, JJ.)



Upon review of the record, it appears that: (1) the judgment entered on October 28, 1999 is a judgment only on the plaintiff's claim against the defendants; (2) the October 28, 1999 judgment is certified under HRCP 54(b), but certification under HRCP 54(b) is inappropriate inasmuch as the defendants' counterclaim was dismissed and all claims in Civil No. 97-2069 have been resolved; see HRCP 54(b); (3) a final judgment resolving the complaint and the counterclaim has not been entered pursuant to HRCP 58; and, thus, (4) the appeal of the October 28, 1999 judgment is premature. 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, September 22, 2000.