NO. 23516



IN THE SUPREME COURT OF THE STATE OF HAWAII



CARL FOYTIK, Appellant-Appellant


vs.



SUSAN CHANDLER, Appellee-Appellee



APPEAL FROM THE FIRST CIRCUIT COURT

(CIV. NO. 99-3225)



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 May 10, 2000 order, 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 22, 2000.