NO. 23357



IN THE SUPREME COURT OF THE STATE OF HAWAII



MR. AND MRS. DOE PARENTS NO. 1, Individually

and as Guardians ad Litem for Their Minor Child,

Doe Minor Girl No. 1; and MR. AND MRS. DOE PARENTS NO. 2, Individually and as Guardians ad Litem for Their Minor Child,

Doe Minor Girl No. 2, Plaintiffs-Appellees/Cross-Appellants



vs.



STATE OF HAWAII, DEPARTMENT OF

EDUCATION, Defendant-Appellant/Cross-Appellee,



and



LAWRENCE J. NORTON; MARIE VALERIE NORTON;

JOHN DOES 1-10; JANE DOES 1-10; DOE

CORPORATIONS 1-10; DOE PARTNERSHIPS 1-10;

and DOE GOVERNMENTAL ENTITIES 1-10, Defendants



APPEAL FROM THE FIRST CIRCUIT COURT

(CIV. NO. 96-4906)





ORDER DISMISSING APPEAL AND CROSS-APPEAL

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

Nakayama, Ramil, and Acoba, JJ.)



Upon review of the record, it appears that: (1) the judgment entered on March 23, 2000 is a judgment only on the claims against defendant State of Hawaii, Department of Education; (2) the March 23, 2000 judgment is certified under HRCP 54(b), but certification under HRCP 54(b) is inappropriate inasmuch as all claims in Civil No. 96-4906 have been resolved;

(3) a final judgment as to all claims in Civil No. 96-4906 has not been entered pursuant to HRCP 58; and, thus, (4) the appeal of the March 23, 2000 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 and cross-appeal are dismissed for lack of appellate jurisdiction.

DATED: Honolulu, Hawaii, August 28, 2000.