NO. 23644



IN THE SUPREME COURT OF THE STATE OF HAWAII



BERNARD K. B. LUM and HESTER T. LUM, Movant-Appellees


vs.



LEE D. DONOHUE, Chief of Police,

City and County of Honolulu, Respondent-Appellee



and



DAI-TOKYO ROYAL INSURANCE COMPANY, INC., Intervenor-Appellant



APPEAL FROM THE FIRST CIRCUIT COURT

(S.P. NO. 00-1-0167)



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 May 9, 2000 order disposing of Special Proceeding 00-1-0167 has not been reduced to a separate judgment, as required by Rule 58 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, November 3, 2000.