NO. 25734
IN THE SUPREME COURT OF THE STATE OF HAWAI`I
ESTHER J. BUSCHER, Plaintiff-Appellee/Cross-Appellant
vs.
DUANE S. BONING, COMMERCE INSURANCE CO., AVIS RENT-A-CAR SYSTEM,
INC., Defendants-Appellants/Cross-Appellees
and
CRAWFORD & CO., and STATE OF HAWAI`I, Defendants-Appellees
and
JOHN DOES 1-5, JANE DOES 1-5, DOE CORPORATIONS 1-5, ROE
GOVERNMENTAL ENTITIES 1-5, Defendants
and
DUANE S. BONING, COMMERCE INSURANCE CO., AVIS RENT-A-CAR SYSTEM,
INC., Third-Party Plaintiffs-Appellants
vs.
STANFORD H. MASUI, Third-Party Defendant-Appellee
ORDER DISMISSING APPEAL AND
CROSS-APPEAL
(By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.)
Upon review of the record, it appears that the claims, counterclaims, cross-claims and third-party claims asserted in Civil No. 99-0220K were resolved by a series of orders and uncertified judgments, but the orders and the uncertified judgments were not reduced to a single judgment resolving all claims of all the parties. See HRCP 58; Jenkins v. Cades Schutte Fleming & Wright, 76 Hawai`i 115, 119-120, 869 P.2d 1334, 1338-39 (1994)(In a multiple-claim or multiple-party circuit court case in which all claims of all the parties have been resolved, an appeal may be taken after entry of a judgment that, on its face, resolves all claims of all the parties.). Absent entry of a judgment resolving the claims, counterclaims, cross-claims and third-party claims asserted in Civil No. 99-0220K, the appeal from Civil No. 99-0220K is premature and we lack jurisdiction. Therefore,
IT IS HEREBY ORDERED that this appeal and cross-appeal are dismissed for lack of appellate jurisdiction.
DATED: Honolulu, Hawai`i, September 16, 2003.