IN THE SUPREME COURT OF THE STATE OF HAWAI`I
ASSOCIATION OF APARTMENT OWNERS OF MAALAEA KAI, INC.,
Plaintiff-Appellee,
vs.
MICHAEL FREDERICK NASON, Defendant-Appellant,
and
COMMERCIAL CREDIT CORPORATION (HAWAII) fka SERVCO FINANCIAL
CORP.; JOSEPH KAILIEHU; JOHN DOES 1-50, et al., Defendants.
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 August 23, 2001 judgment, the Honorable Artemio C. Baxa presiding, purports to be a final judgment on Defendant-Appellant Michael Frederick Nason's (Appellant Nason) counterclaim in favor of Plaintiff-Appellee Association of Apartment Owners of Maalaea Kai (Appellee Maalaea Kai) and against Appellant Nason. However, the August 23, 2001 judgment does not, on its face, resolve all the remaining claims against all parties, is not certified under Rule 54(b) of the Hawai`i Rules of Civil Procedure (HRCP), and is not, therefore, appealable. See Jenkins v. Cades Schutte Fleming & Wright, 76 Hawai`i 115, 119, 869 P.2d 1334, 1338 (1994) ("[A]n appeal from any judgment will be dismissed as premature if the judgment does not, on its face, either resolve all claims against all parties or contain the finding necessary for certification under HRCP 54(b)."). The August 23, 2001 judgment does not enter judgment on Defendant Joseph Kailiehu's (Kailiehu) cross-claim against Appellant Nason, and there is no judgment on that claim.
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 15, 2002.