NO. 26085
IN THE SUPREME COURT OF THE STATE OF HAWAI`I
MARILYN H. KINA, Plaintiff-Appellant
vs.
HAWAII MEDICAL SERVICE ASSOCIATION, Defendant-Appellee
APPEAL FROM THE FIRST CIRCUIT COURT
(CIV. NO. 02-1-2807)
ORDER DISMISSING APPEAL
(By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.)
Upon review of the record, it appears that the circuit court's August 13, 2003 order dismissing Count I of the first amended complaint has not been reduced to a separate judgment, 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, December 11, 2003.