NO. 23477



IN THE SUPREME COURT OF THE STATE OF HAWAII



WILLIAM SILVA; DANIEL MLAKAR; MICHAEL DUBBERSTEIN;

RICHARD CANN; ERNEST CORREIA; HENRY J. SILVA;

THOMAS C. S. HING, JR.; GLENN NOJIRI; JAMES KELLY;

JULIAN SHIROMA; ERROL ISHIMINE; JERRY COLOMA; BRADLEY BALLESTEROS; ARLEN BENTO; MORTON CARTER; DENNIS CORREA;

LODYBESY GLORY; EARL HATADA; and BURTON YAMAGUCHI, Plaintiffs/Counter-Defendants-Appellees and Cross-Appellees



and



RODNEY AURELLO and WILLIAM LYMAN,

Plaintiffs and Counter-Defendants



vs.



COUNTY OF HAWAII and COUNTY OF HAWAII

POLICE DEPARTMENT, Defendants-Appellants



and



WAYNE CARVALHO, individually and in his official

capacity as Deputy Chief of Police and Chief of Police

of the County of Hawaii, FRANCIS DEMORALES, individually

and in his official capacity as Assistant Chief of Police

of the County of Hawaii, Defendants/Cross-Claimants/Cross-Defendants/Counterclaimants-Cross-Appellants



and



VICTOR VIERRA, individually and in his official

capacity as Chief of Police of the County of Hawaii, Defendant/Cross-Defendant/Counterclaimant/Cross-Claimant





and





WAYNE CARVALHO, individually and in his official capacity as Deputy Chief of Police and Chief of Police of the County of Hawaii and VICTOR VIERRA, individually and in his official capacity as Chief of Police of the County of Hawaii, Third-Party Plaintiffs and Counter-Defendants



vs.



GUY PAUL, individually and in his official capacity

as Chief of Police of the County of Hawaii,

Third-Party Defendant and Counterclaimant



and



STATE OF HAWAII ORGANIZATION OF

POLICE OFFICERS, Third-Party Defendant



APPEAL FROM THE THIRD CIRCUIT COURT

(CR. NO. 97-0622)





ORDER DISMISSING APPEAL AND CROSS-APPEALS

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

Nakayama, Ramil, and Acoba, JJ.)





Upon review of the statements of jurisdiction and the record, it appears that: (1) the February 3, 2000 judgment, which purports to be the final judgment in Civil No. 97-622, does not show finality as to all claims of all the parties, as required by HRCP 58 and by our decision in Jenkins v. Cades Schutte Fleming & Wright, 76 Hawaii 115, 119-120, 869 P.2d 1334, 1339-39 (1994); (2) disposition of those claims not mentioned in the judgment are not effected by the declarations that "there are no remaining parties, claims, counterclaims, cross-claims and/or issues" and that "all claims not addressed above have been disposed of by motion or have been withdrawn;" see Jenkins, 76 Hawaii at 120 n.4, 869 P.2d at 1339 n.4. ("A statement that declares 'there are no other outstanding claims' is not a judgment."); and, thus, (3) the appeals from the February 3, 2000 judgment are premature and we lack jurisdiction. Therefore,



IT IS HEREBY ORDERED that the appeals by appellant County of Hawaii, cross-appellant Wayne Carvalho and cross-appellant Francis DeMorales are dismissed for lack of appellate jurisdiction.

DATED: Honolulu, Hawaii, September 6, 2000.