NO. 23458



IN THE SUPREME COURT OF THE STATE OF HAWAII



BENEFICIAL HAWAII INC., a Delaware corporation, Plaintiff/Counterclaim Defendant-Appellee



vs.



DONALD MUNEO KIDA, Defendant/Counterclaimant-Appellant



and



JOHN DOES 1-50, JANE DOES 1-50, DOE PARTNERSHIPS,

DOE CORPORATIONS, DOE ENTITIES and

DOE GOVERNMENTAL UNITS 1-50, Defendants



and



DONALD MUNEO KIDA, Third-Party Plaintiff,



vs.



MICHELE KOBAYASHI fka MICHELE UMENO aka MICHELE

FUKUDA-UMENO, individually and dba R.M. FINANCIAL

ASSOCIATES; R&M ASSOCIATES, INC., a Hawaii

corporation; FINANCIAL M.D. ASSOCIATES, INC.,

a Hawaii corporation, directly and dba THE MORTGAGE

WAREHOUSE; MILBURN IWAI dba PACIFIC MORTGAGE FUNDING

GROUP; PACIFIC MORTGAGE FUNDING GROUP LTD., a Hawaii corporation; ELAINE F. NAITO; UK HOLDING CORPORATION

dba EQUITY FUNDING GROUP; JOHN DOES 1-10; JANE DOES 1-10;

DOE CORPORATIONS 1-10; DOE PARTNERSHIPS 1-10; DOE

MORTGAGE CORPORATIONS 1-5; DOE FINANCIAL CORPORATIONS 1-5;

DOE PRINCIPAL MORTGAGE BROKERS 1-5; and DOE GOVERNMENTAL

ENTITIES 1-10, Third-Party Defendants



APPEAL FROM THE FIRST CIRCUIT COURT

(CIV. NO. 96-4929)





ORDER DISMISSING APPEAL

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

Nakayama, Ramil, and Acoba, JJ.)



Upon review of the statements supporting and contesting jurisdiction and the record, it appears that: (1) the appeal of the May 10, 2000 judgment confirming the foreclosure sale and awarding attorney's fees and costs is an appeal from the second part of the foreclosure case filed in Civil No. 96-4929; (2) the second part of the foreclosure case has not been finally completed inasmuch as a deficiency judgment has yet to be entered; see Hoge v. Kane I, 4 Haw. App. 246, 247, 663 P.2d 645, 647 (1983); (3) the purported certification of the May 10, 2000 judgment under HRCP 54(b) is of no legal effect inasmuch as confirmation of the foreclosure sale and the award of attorney's fees and costs are not claims for relief in the foreclosure action, but are simply matters incident to enforcement of the judgment of foreclosure; see MDG Supply v. Diversified Invs., Inc., 51 Haw. 375, 380, 463 P.2d 525, 529 (1969); Sturkie v. Han, 2 Haw. App. 140, 146-47, 627 P.2d 246, 301-02 (1981); and, thus, (4) 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 22, 2000.