NO. 24228

IN THE SUPREME COURT OF THE STATE OF HAWAII


KAU AGRIBUSINESS CO., INC.,
Plaintiff-Appellee

vs.

MELVIN GLENN MASON, SR. and MATHILDA NOELANI
BATALONA MASON, Defendants-Appellants

and

HEIRS AND ASSIGNS OF AHULAU, et al., Defendants



APPEAL FROM THE THIRD CIRCUIT COURT
(CIV. NO. 00-1-0292)

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

Upon review of the record, it appears that the circuit court's April 11, 2001 judgment, the Honorable Greg K. Nakamura, presiding, is a judgment on some, but not all of the quiet title claims in Civil No. 00-1-0292. The judgment is not certified as a final judgment under HRCP 54(b) and the appeal of the judgment is premature. See HRS § 641-1(a); HRCP 54(b). Therefore,

IT IS HEREBY ORDERED that this appeal is dismissed for lack of jurisdiction.

DATED: Honolulu, Hawaii, August 21, 2001.