NO. 23701



IN THE SUPREME COURT OF THE STATE OF HAWAII




BARRY A. FUKUNAGA, Appellant-Appellee



vs.



DEPARTMENT OF TRANSPORTATION,

State of Hawaii Appellee-Appelalnt



and



CIVIL SERVICE COMMISSION,

State of Hawaii Appellee-Appellee




APPEAL FROM THE FIRST CIRCUIT COURT

(CIV. NO. 00-1-00525)



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 July 27, 2000 order, as required by HRCP 58 and 72(k); 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.