NO. 23864
IN THE SUPREME COURT OF THE STATE OF HAWAII
TOSHIO UCHIMA, Individually and as Guardian Prochein Ami
for HERMAN UCHIMA and DUSTIN UCHIMA, minors;
and YOKO UCHIMA, Plaintiffs-Appellees
vs.
DURST CORP., Defendant-Appellant
and
ERECT-A-TUBE INC. and ROTOR WING HAWAII INC.,
Defendants-Appellees
and
JOHN DOES 1-10 and DOE ENTITIES 1-10, Defendants
APPEAL FROM THE FIRST CIRCUIT COURT
(CIV. NO. 98-2949)
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 July 20, 2000 judgment, which enters judgment on the plaintiffs' claims against
defendant Durst Corp., does not show finality as to all claims asserted in Civil No. 98-2949
inasmuch as it does not dismiss or enter judgment on the plaintiffs' claims against defendants
Erect-A-Tube and Rotor Wing Hawaii, 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 is dismissed for lack of appellate jurisdiction.
DATED: Honolulu, Hawaii, January 31, 2001.