NO. 23694



IN THE SUPREME COURT OF THE STATE OF HAWAII




THE H.E. JOHNSON COMPANY, INC., Plaintiff-Appellant



vs.



EMMA INTERNATIONAL, INC. and

BANK OF HONOLULU, Defendants-Appellees



and



JOHN DOES 1-50; MARY DOES 1-50;

DOE PARTNERSHIPS 1-50; DOE CORPORATIONS

AND OTHER ENTITIES 1-50, Defendants




APPEAL FROM THE FIRST CIRCUIT COURT

(CIV. NO. 91-4242)



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 August 1, 2000 order granting the motion to dismiss the complaint has not been reduced to a separate judgment, as required by HRCP 58; 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, December 26, 2000.