*** NOT FOR PUBLICATION ***
NO. 26353
IN THE SUPREME COURT OF THE STATE OF HAWAI`I
WALTER
JOHN KELLY, CHARLES ROSS FLAHERTY, JR., PATRICK M.
CUNNINGHAM, MICHELE CONSTANS
WILKINS, PROTECT KEOPUKA OHANA, a
Hawai`i non-profit corporation, Plaintiffs-Appellees
vs.
1250
OCEANSIDE PARTNERS, a Hawai`i corporation,
STATE OF HAWAI`I, DEPARTMENT OF HEALTH, a Department of the State
of Hawai`i, CHIYOME FUKINO in her
official capacity as the
director of the State of Hawai`i DEPARTMENT OF HEALTH, COUNTY OF
HAWAI`I;
CHRISTOPHER YUEN, in his official capacity as the
Planning Director for the County of Hawai`i; DENNIS LEE, in his
official capacity as the Chief Engineer for the County of
Hawai`i, Defendants-Appellants
and
DEPARTMENT
OF LAND AND NATURAL RESOURCES; PETER T. YOUNG, in his
official capacity as the Director
of the State of Hawaii
DEPARTMENT OF LAND AND NATURAL RESOURCES; KALA'AU WAHILANI, in
his
official and personal capacity as a Historic Sites Specialist
of the DLNR; NA ALA HELE; HOLLY McELDOWNY in her
official
capacity as the Administrator of the State Historic Preservation
Division of the DLNR; LAND USE
COMMISSION;
Defendants-Appellees
and
JOHN
DOES 1-10, JANE DOES 1-10, DOE CORPORATIONS, PARTNERSHIPS,
GOVERNMENTAL UNITS OR
OTHER ENTITIES 1-20, Defendants
APPEAL
FROM THE THIRD CIRCUIT COURT
(CIV. NO. 00-1-0192K)
ORDER DISMISSING APPEAL
(By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.)
Upon review of the statements of jurisdiction, appellant Department of Health's motion to dismiss appeal and the record, it appears that the judgment entered on September 12, 2003, the Honorable Ronald Ibarra, presiding, purports to be the final judgment on the circuit court's orders resolving claims asserted in the Fifth Amended Complaint. However, the judgment does not enter judgment in favor of and against the appropriate parties in accordance with the circuit court's orders and is not an appealable final judgment. See Jenkins v. Cades Schutte Fleming & Wright, 76 Hawai`i 115, 119-120, 869 P.2d 1334, 1338-39 (1994)("An appeal may be taken from circuit court orders resolving claims against parties only after the orders have been reduced to a judgment and the judgment has been entered in favor of and against the appropriate parties.").
It further appears that the amended judgment entered on January 21, 2004 purports to be the appealable final judgment resolving all claims asserted in the Fifth Amended Complaint. The January 21, 2004 judgment was entered by the time the record for No. 26353 was filed in the supreme court, but the time for appealing the January 21, 2004 judgment does not commence until the entry of orders disposing of the February 2, 2004 motions to alter the January 21, 2004 judgment. See HRAP 4(a)(3). Thus, this appeal is premature and we lack jurisdiction. Therefore,
IT IS HEREBY ORDERED that the appeals by defendant-appellants 1250 Oceanside Partners, County of Hawai`i and State of Hawai`i Department of Health and the Director of Health are dismissed for lack of appellate jurisdiction.
DATED:
Honolulu, Hawai`i, April 23, 2004.