NO. 24688
 


IN THE SUPREME COURT OF THE STATE OF HAWAI`I


MARSHALL MARTINEZ, Plaintiff-Appellant,

vs.

TED SAKAI, Director of Public Safety; EDWIN SHIMODA,
Administrator, Institutions Division, et al.,
Defendants-Appellees.

APPEAL FROM THE THIRD CIRCUIT COURT
(CIV. NO. 00-1-312)


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 September 20, 2001 order dismissing Civil No. 00-1-312 (GKN), the Honorable Greg K. Nakamura presiding, has not been reduced to a separate judgment, as required by Rule 58 of the Hawai`i Rules of Civil Procedure. See Jenkins v. Cades Schutte Fleming & Wright, 76 Hawai`i 115, 119, 869 P.2d 1334, 1338 (1994); Price v. Obayashi, 81 Hawai`i 171, 176, 914 P.2d 1364, 1369 (1996). Therefore, this appeal is premature and we lack jurisdiction. Accordingly,

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

DATED: Honolulu, Hawai`i, March 14, 2002.