*** NOT FOR PUBLICATION ***
NO. 26212
IN THE SUPREME COURT OF THE STATE OF HAWAI`I
ALAN D. MEDEIROS, Plaintiff-Appellant
vs.
AMERON INTERNATIONAL CORP. dba AMERON Hawai`i,
Defendant-Appellee
and
JOHN DOES 1-5, JANE DOES 1-5, ROE NON-PROFIT
ORGANIZATIONS 1-5
and ROE GOVERNMENTAL ENTITIES 1-5, Defendants
APPEAL FROM THE FIRST CIRCUIT COURT
(CIV. NO. 02-1-2980)
ORDER
DISMISSING APPEAL
(By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.)
Upon review of the record, it appears that Civil No. 02-1-2980 sought
declaratory relief as to defendant Ameron International Corp.'s lien
rights as to
third-party proceeds and as to uninsured and underinsured motorist
proceeds. The October 10, 2003 judgment, the Honorable Victoria S.
Marks,
presiding, which purports to be the final judgment in Civil No.
02-1-2980, enters judgment on the June 2, 2003 summary judgment order,
but the
judgment does not identify the declaratory relief for which summary
judgment was entered in favor of plaintiff Medeiros and against
defendant Ameron
and in favor of defendant Ameron and against plaintiff Medeiros, as
required by Jenkins v. Cades
Schutte Fleming & Wright, 76 Hawai`i 115, 119-120,
869 P.2d 1334, 1339-39 (1994)(In a multiple claim, multiple party
circuit court case, a judgment that purports to be the final judgment
is not appealable
unless the judgment identifies the claims for which the judgment 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, February 26,
2004.