NO. 24204


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., ROTOR WING HAWAII, INC.,
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 record, it appears that: (1) the circuit court's March 7, 2001 amended judgment, the Honorable Eden Elizabeth Hifo, presiding, does not identify the claims for which the judgment of $177,243.77 is entered in favor of the plaintiffs and against defendant Durst Corp. and does not enter judgment on the plaintiffs' other claims against Durst Corp., as required by HRCP 58; see Jenkins v. Cades Schutte Fleming & Wright, 76 Hawai`i 115, 119-120, 869 P.2d 1334, 1339-39 (1994) (In a multiple claim, multiple party circuit court case, a judgment that purports to be the final judgment is not appealable unless the judgment identifies the claims for which the judgment is entered and 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, July 10, 2001.