NO. 24142

IN THE SUPREME COURT OF THE STATE OF HAWAII

HUI ALANUI O MAKENA, a Hawaii non-profit corporation;
DANA NAONE HALL; MAUI AIR TRAFFIC ASSOCIATION, INC.,
a Hawaii non-profit corporation; SIERRA CLUB, a
California non-profit corporation; and
MARY EVANSON, Plaintiffs-Appellants

vs.

BENJAMIN CAYETANO, in his capacity as Governor
of the State of Hawaii; DEPARTMENT OF TRANSPORTATION,
STATE OF HAWAII; and BRIAN K. MINAAI, (1) in his
capacity as Director of the Department of Transportation,
State of Hawaii, Defendants-Appellees

APPEAL FROM THE THIRD CIRCUIT COURT
(CIV. NO. 98-0361)


ORDER DISMISSING APPEAL
(By: Moon, C.J., Levinson,
Nakayama, Ramil, and Acoba, JJ.)

Upon review of appellants' statement of jurisdiction and the record, it appears that: (1) the circuit court's February 9, 2001 Findings of Fact, Conclusions of Law and Order, the Honorable Artemio C. Baxa, presiding, has not been reduced to a separate judgment, as required by HRCP 58; see Jenkins v. Cades Schutte Fleming & Wright, 76 Hawai`i 115, 869 P.2d 1334 (1994);  (2) the Notice of Entry of Judgment/Order filed by the clerk pursuant to HRCP 77(d) is not the separate judgment entering judgment in favor of and against the parties required by HRCP 58; Jenkins, 76 Hawai`i at 119, 869 P.2d at 1338; and thus, (3) 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,  July 23, 2001.
 

1.     Pursuant to Hawaii Rules of Appellate Procedure Rule 43(c)(1), Brian K. Minaai, the current Director of the Department of Transportation, State of Hawaii, has been substituted for Kazu Hayashida, the director at the time this case was decided by the third circuit court.