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NOT FOR PUBLICATION ***
NO. 26191
IN
THE SUPREME COURT OF THE STATE OF HAWAI`I
BRIAN
BOULEY AND CORINNE BOULEY,
Plaintiffs-Counterclaim Defendants/Appellees
vs.
MARK
SHARPE AND CORAL SHARPE,
Defendants-Counterclaim Plaintiffs/Appellants
APPEAL
FROM THE DISTRICT COURT OF THE FIRST CIRCUIT
(CIV. NO. 1RC03-1-4421)
ORDER DISMISSING APPEAL
(By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.)
Upon review of the record, it appears that entry of the October 3, 2003
judgment did not end the district court litigation
between the plaintiffs and the defendants in Civil No. 1RC03-1-4421
inasmuch as the district court's announcement at the
September 18, 2003 trial that the defendants' counterclaim "will be
dismissed" was not a final disposition of the
counterclaim and the dismissal of the counterclaim was not included in
the October 3, 2003 judgment. Thus, the appeal of
the October 3, 2003 judgment is premature and we lack jurisdiction. See HRS § 641-1(a); Casumpang v. ILWU, Local
142, 91 Hawai'i 425, 427, 984 P.2d 1251, 1253 (1999)(a district
court judgment or order is final and appealable under HRS
§ 641-1(a) if it ends the litigation byfully
deciding the rights and liabilities of all parties and leaves
nothing further to be adjudicated.). Therefore,
IT
IS HEREBY ORDERED that this appeal is dismissed for lack of appellate
jurisdiction.
DATED:
Honolulu, Hawai`i, June 10, 2004.