NO. 25561
IN THE SUPREME COURT OF THE STATE OF HAWAI`I
ALTHIA VIDINHA, Plaintiff-Appellant
and
WARREN VIDINHA, CORY VIDINHA, KELLIE ANNE VIDINHA, JOEY VIDINHA,
BRANDON VIDINHA and BRITTANY VIDINHA, Plaintiffs
vs.
CLYDE T. MIYAKI, M.D., and SHARON LAWLER, M.D.,
Defendants-Appellees
and
THE QUEEN'S MEDICAL CENTER, JOHN DOES 1-10, JANE DOES 1-10,
DOE CORPORATIONS 1-10, and DOE PARTNERSHIPS 1-10, Defendants
APPEAL FROM THE FIRST CIRCUIT COURT
(CIV. NO. 01-1-1477)
ORDER DISMISSING APPEAL
(By: Moon, C.J., Levinson, and Nakayama, JJ.,
Intermediate Court of Appeals Chief Judge Burns,
in place of Acoba, J., unavailable,
and Circuit Judge Nakea, assigned by reason of vacancy)
Upon review of the record, it appears that the circuit court's December 2, 2002 order disposing of plaintiff Althia Vidinha's claims against defendants Miyaki and Lawler, the Honorable Eden Elizabeth Hifo, presiding, has not been reduced to a separate judgment resolving all claims asserted in Civil No. 01-1-1477, as required by HRCP 58. See Jenkins v. Cades Schutte Fleming & Wright, 76 Hawai`i 115, 869 P.2d 1334 (1994). Thus, 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, April 25, 2003.