Shelby v. Matayoshi (Order Dismissing Appeal)

NO. 23407

IN THE SUPREME COURT OF THE STATE OF HAWAII

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THOMAS J. SHELBY, Appellant-Appellant

vs.

KATHRYN S. MATAYOSHI, Director, Department

of Commerce and Consumer Affairs, Appellee-Appellee

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APPEAL FROM THE FIRST CIRCUIT COURT

(CIV. NO. 99-3777)

ORDER DISMISSING APPEAL

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

Nakayama, Ramil, and Acoba, JJ.)

Upon review of the record, it appears that: (1) judgment has not been entered on the circuit court's March 28, 2000 oral decision, as required by Rules 58 and 72(k) 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, September 21, 2000.