***
NOT FOR
PUBLICATION ***
NO. 26198
IN THE
SUPREME COURT OF THE STATE OF HAWAI`I
RICHARD
G. ELSTNER, Plaintiff-Appellee
vs.
THERESE
P. BARAQUIO, Defendant-Appellant
and
HARMONY
PRODUCTIONS, ALBERT AINUU and DOE ENTITIES 1-20,
Defendants
APPEAL FROM
THE FIRST CIRCUIT COURT
(CIV. NO.
01-1-0555)
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 November 3, 2003, the
Honorable Victoria S. Marks, presiding, purports to be a certified
final judgment
on the claim for which summary judgment was granted on October 2, 2003.
However, the November
3, 2003 judgment enters judgment on the claim "asserted in the motion
for summary
judgment" and does not identify the claim for which the judgment is
entered, 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 this appeal is dismissed for lack of appellate
jurisdiction.
DATED:
Honolulu, Hawai`i, July 9, 2004.