Jim v. Department of Public Safety (Order Dismissing Appeal)

NO. 24477

IN THE SUPREME COURT OF THE STATE OF HAWAI`I

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JAMES C. JIM, Appellant-Appellant

vs.

DEPARTMENT OF PUBLIC SAFETY, EDWIN SHIMODA,
INSTITUTIONAL DIVISION ADMINISTRATOR, Appellees-Appellees

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APPEAL FROM THE FIRST CIRCUIT COURT
(CIV. NO. 01-1-1832)

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 July 5, 2001 order dismissing Civil No. 01-1-1832, the Honorable Eden Elizabeth Hifo, 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,  December 5, 2001.