NO. 24262

IN THE SUPREME COURT OF THE STATE OF HAWAII

MARK STEWART, Appellant-Appellant

vs.

STATE OF HAWAII, DEPARTMENT OF HUMAN SERVICES,
Appellee-Appellee


APPEAL FROM THE SECOND CIRCUIT COURT
(S.P. NO. 01-1-0013)

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 May 7, 2001 order, the Honorable Joseph E. Cardoza, presiding, has not been reduced to a separate judgment as required by HRCP 58 and 72(k); and thus, (2) this appeal is premature and we lack jurisdiction. See Jenkins v. Cades Schutte Fleming & Wright, 76 Hawai`i 115, 869 P.2d 1334 (1994). Therefore,

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

DATED: Honolulu, Hawai`i, September 24, 2001.