NO. 25996
IN THE SUPREME COURT OF THE STATE OF HAWAI‘I
WALTER JOHN KELLY, CHARLES ROSS FLAHERTY, JR., PATRICK M.
CUNNINGHAM, MICHELE CONSTANS WILKINS, Plaintiffs-Appellees
and
PROTECT KEOPUKA OHANA, a Hawai‘i non-profit corporation,
Plaintiff-Appellee/Cross-Appellant
vs.
1250 OCEANSIDE PARTNERS, a Hawai‘i corporation, Defendant-
Appellant
and
STATE OF HAWAI‘I, DEPARTMENT OF HEALTH, a Department of the State
of Hawai‘i, BRUCE ANDERSON in his official capacity as the
director of the State of Hawai‘i DEPARTMENT OF HEALTH,
Defendants-Appellees/Cross-Appellants
and
DEPARTMENT OF LAND AND NATURAL RESOURCES; GILBERT AGARAN, in his
official capacity as the Director of the State of Hawaii
DEPARTMENT OF LAND AND NATURAL RESOURCES; KALA'AU WAHILANI, in
his official and personal capacity as a Historic Sites Specialist
of the DLNR; NA ALA HELE, DLNR; DON HIBBARD Ph.D., in his
official capacity as the Administrator of the STATE HISTORIC
PRESERVATION DIVISION of the DLNR; LAND USE COMMISSION; COUNTY OF
HAWAII; CHRISTOPHER YUEN in his capacity as the Planning Director
for the County of Hawai‘i; DENNIS LEE in his official capacity as
the Chief Engineer, County of Hawai‘i, Defendants-Appellees
and
JOHN DOES 1-10, JANE DOES 1-10, DOE CORPORATIONS, PARTNERSHIPS,
GOVERNMENTAL UNITS OR OTHER ENTITIES 1-20, Defendants
APPEAL FROM THE THIRD CIRCUIT COURT
(CIV. NO. 00-1-0192K)
ORDER DISMISSING APPEAL
(By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.)
Upon review of the record, it appears that the judgment entered on June 26, 2003 purports to be the final judgment on the claims asserted in Counts II, V, VI and VII of the Fifth Amended Complaint, but the judgment does not identify the parties for whom the judgment is entered and does not enter judgment in favor of and against those parties, as required by Jenkins v. Cades Schutte Fleming & Wright, 76 Hawai‘i 115, 119-120, 869 P.2d 1334, 1338-39 (1994)("[I]f a judgment purports to be the final judgment in a case involving multiple claims or multiple parties, the judgment must specifically identify the party or parties for and against whom the judgment is entered and must identify the claims for which it is entered[.]"). Thus, this appeal is premature and we lack jurisdiction. Therefore,
IT IS HEREBY ORDERED that the appeals by defendant-appellant 1250 Oceanside Partners, cross-appellant Protect Keopuka Ohana and cross-appellant State of Hawai‘i Department of Health and Bruce Anderson are dismissed for lack of appellate jurisdiction.
DATED: Honolulu, Hawai‘i, November 25, 2003.