NO. 23656



IN THE SUPREME COURT OF THE STATE OF HAWAII


MICHAEL ARNOLD, Plaintiff-Appellant



vs.



JERRY A. GREENWALD, Ph.D.; MARGARET G.

SMITH, Ph.D., LSW, Defendants-Appellees



and



DOE DEFENDANTS 1-25, Defendants


APPEAL FROM THE FIRST CIRCUIT COURT

(CIV. NO. 00-1-1348)



ORDER DISMISSING APPEAL

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

Nakayama, Ramil, and Acoba, JJ.)

Upon review of the record, it appears that: (1) final judgment has not been entered on the July 14, 2000 and August 1, 2000 orders dismissing the claims against Defendants Smith and Greenwald, as required by HRCP 58; (2) the judgment entered on October 16, 2000 is a judgment only on the claims against Defendant Smith; (3) the October 16, 2000 judgment is certified under HRCP 54(b), but certification under HRCP 54(b) is inappropriate inasmuch as all claims in Civil No. 00-1-1348 have been resolved; and, thus, (4) the appeal of the July 14, 2000 and August 1, 2000 orders is premature. 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 14, 2000.