Banker's Trust Company v. Blanco (Order Dismissing Appeal)

NO. 24531

IN THE SUPREME COURT OF THE STATE OF HAWAI`I

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BANKER'S TRUST COMPANY, as Trustee,
a California Corporation, Plaintiff

vs.

EDITHA CASTANAGA BLANCO,
Defendant/Cross-Claim Defendant-Appellant

and

CHICAGO TITLE INSURANCE COMPANY, Defendant/Third-Party Plaintiff/Cross-Claimant-Appellee and DWYER IMANAKA SCHRAFF KUDO MEYER & FUJIMOTO, Defendant-Appellee

and

LORRIE C. RUMBAUGH, JOHN and MARY DOES 1-20,
DOE PARTNERSHIPS, CORPORATIONS, OR
OTHER ENTITIES 1-20, Defendants

and

ALFRED ANTHONY, et al., Third-Party Defendants

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APPEAL FROM THE FIRST CIRCUIT COURT
(CIV. NO. 98-0276)

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 August 3, 2001 judgment, the Honorable Karen N. Blondin, presiding, purports to be the final judgment on defendant Chicago Title Insurance Company's cross-claim for foreclosure, but the judgment does not identify the claim for which the judgment is entered; see Jenkins v. Cades Schutte Fleming & Wright, 76 Hawai`i 115, 119-20, 869 P.2d 1334, 1338-39 (1994) (In a multiple claim or multiple party circuit court case, a judgment that purports to be the final judgment must identify the claims for which the judgment is entered.); 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, Hawai`i, January 9, 2002.