Hutch v. Paderes (Order Dismissing Appeal)

*** NOT FOR PUBLICATION ***

NO. 26196

IN THE SUPREME COURT OF THE STATE OF HAWAI`I

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EUGENE JAMES HUTCH, Plaintiff-Appellant

vs.

DOCTOR S. PADERES, NOLAN ESPINDA, DOCTOR CHUNG, TED SAKAI,
RAYMOND H. SATO, GOVERNOR BENJAMIN J. CAYETANO and PATRICIA M.
GUARNACCIA, Defendants-Appellees

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APPEAL FROM THE FIRST CIRCUIT COURT

(CIV. NO. 00-1-3604)

ORDER DISMISSING APPEAL
(By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.)

Upon review of the record, it appears that the disposition of the claims asserted in Civil No. 00-1-3604 was not 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, March 15, 2004.