NO. 23574



IN THE SUPREME COURT OF THE STATE OF HAWAII



MARILYN SULLIVAN, Appellant-Appellant


vs.



AIG HAWAII INSURANCE COMPANY, a Hawaii corporation, and

WAYNE C. METCALF, III, Insurance Commissioner, Department

of Commerce and Consumer Affairs, Appellees-Appellees



APPEAL FROM THE FIRST CIRCUIT COURT

(CIV. NO. 99-3313)



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 15, 2000 order determining the agency appeal, as required by Rules 58 and 72(k) of the Hawaii Rules of Civil Procedure; and, thus, (2) the appeal of the June 15, 2000 attorney's fees award 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, November 3, 2000.