NO. 23843



IN THE SUPREME COURT OF THE STATE OF HAWAII



MYLES TAMASHIRO, WARREN TOYAMA, HEATHER FARMER, FILO TU,

JEANETTE TU, LYNN MISAKI, CLYDE OTA, MIRIAM ONOMURA,

and YOSHIKO NISHIMURA, Plaintiffs-Appellees/Cross-Appellants



vs.



DEPARTMENT OF HUMAN SERVICES, STATE OF HAWAII; JON L. KOKI,

in his capacity as Business Manager for Ho'Opono, NEIL SHIM,

in his capacity of Administrator of the Division of Vocational

Rehabilitation, State of Hawaii Department of Human Services; DAVE EVELAND, in his capacity of Administrator of the Services

to the Blind branch of the State of Hawaii Department of Human Services; and SUSAN CHANDLER, in her capacity as Director of

the State of Hawaii Department of Human Services,

Defendants-Appellants/Cross-Appellees



and



CITY AND COUNTY OF HONOLULU, Defendant

(CIV. NO. 96-3011)



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CITY AND COUNTY OF HONOLULU, Appellant



vs.



SUSAN CHANDLER, in her capacity as Director of the Department

of Human Services State of Hawaii; and DEPARTMENT OF HUMAN SERVICES, STATE OF HAWAII, Appellees

(CIV. NO. 97-2826)



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COUNTY OF HAWAII, Appellant



vs.



SUSAN CHANDLER, in her capacity as Director of the Department

of Human Services State of Hawaii; and DEPARTMENT OF HUMAN SEVICES, STATE OF HAWAII, Appellees

(CIV. NO. 97-342 (Hilo))



APPEAL FROM THE FIRST CIRCUIT COURT

(CIV. NOS. 96-3011, 97-2826, & 97-342 (Hilo))

ORDER DISMISSING APPEAL AND CROSS-APPEAL

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

Nakayama, Ramil, and Acoba, JJ.)



Upon review of the record, it appears that: (1) the September 27, 2000 judgment, which enters judgment on the claims against the state defendants, does not show finality as to all claims asserted in Civil No. 96-3011 inasmuch as it does not dismiss or enter judgment on the claims against defendant City and County of Honolulu, as required by HRCP 58; see Jenkins v. Cades Schutte Fleming & Wright, 76 Hawaii 115, 119-20, 869 P.2d 1334, 1339-39 (1994) (In a multiple party circuit court case, a judgment that purports to be the final judgment is not appealable unless the judgment, on its face, shows finality as to all claims against all the parties.); and, thus, (2) this appeal is premature and we lack jurisdiction. Therefore,

IT IS HEREBY ORDERED that this appeal and cross-appeal are dismissed for lack of appellate jurisdiction.

DATED: Honolulu, Hawaii, January 31, 2001.