NO. 23455



IN THE SUPREME COURT OF THE STATE OF HAWAII



RONALD L. DURETTE, Plaintiff-Appellant


vs.



ALOHA PLASTIC RECYCLING, INC.,

a Hawaii corporation, Defendant-Appellee



and



RICHARD DORAN, HAROLD HAROUN,

and THOMAS REED, Defendants



APPEAL FROM THE SECOND CIRCUIT COURT

(CIV. NO. 97-0519(3))



ORDER DISMISSING APPEAL

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

Nakayama, Ramil, and Acoba, JJ.)



Upon review of the record, it appears that: (1) the April 24, 2000 judgment, which purports to be the final judgment in Civil No. 97-0519, enters judgment only on the claims against defendant Aloha Plastics Recycling, Inc. and does not show finality as to the claims against the other defendants, as required by HRCP 58; see Jenkins v. Cades Schutte Fleming & Wright, 76 Hawaii 115, 119-120, 869 P.2d 1334, 1339-39 (1994); and, thus, (2) this appeal is premature and we lack jurisdiction. Therefore,

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

DATED: Honolulu, Hawaii, September 21, 2000.