NO. 26376
IN THE SUPREME COURT OF THE STATE OF HAWAI`I
SURETY
KOHALA CORPORATION, a Hawaii corporation, Plaintiff-
Appellee
HEIRS
OF ASSIGNS OF KAHALEOLE (W); HEIRS OR ASSIGNS OF NAMAKA
(K); HEIRS OR ASSIGNS OF IOBA
KEALINA (K); HEIRS OR ASSIGNS OF
KEALINA (K); HEIRS OF ASSIGNS OF KOLEKA (W); ALSO KNOWN AS
KOLEKA
KEALINA, HEIRS OR ASSIGNS OF SAMUEL NAKAIKUAHINE KEALINA; HEIRS
OR ASSIGNS OF
PAUL KANAINA KAELEMAKULE; HEIRS OR ASSIGNS OF
MALAEA APANA (W); JOHN G. LINCOLN
TRUSTEE, WATER COMMISSION OF
THE COUNTY OF HAWAII; HAWAIIAN ELECTRIC LIGHT COMPANY;
INC.;
VERIZON HAWAII, INC.; STATE OF HAWAII; COUNTY OF HAWAII; the
following owners or occupants of
adjoining lands; BRUNO CONDO c/o
BEN M. BRUNO & ELMA V. BRUNO; TIME WARNER ENTERTAINMENT
COMPANY,
L.P.; HELECONIA CONDOMINIUM PROJECT; AGNES POBRE; Heirs of
persons named above who are
deceased, or persons holding under
said Heirs and spouses, assigns, successors, personal
representatives, executors,
administrators, and trustees of
persons named above who are deceased; DOES 1 through 100; and
all other persons
unknown claiming any right, title, estate, lien or
interest in the real property described and TO WHOM IT MAY
CONCERN,
Defendants-Appellees
JOSEPHINE
H. RABAGO, Defendant-Appellant
APPEAL
FROM THE THIRD CIRCUIT COURT
(CIV. NO. 01-1-0329)
ORDER DISMISSING APPEAL
(By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.)
The Circuit Court of the Third Circuit, State of Hawai`i, the Honorable Terrence T. Yoshioka presiding, has not reduced the dispositive orders in this case to a separate judgment that, on its face, either resolves all claims against all parties pursuant to HRCP Rule 58 or contains the finding necessary for certification under HRCP Rule 54(b). Absent an appealable final judgment under HRS § 641-1(a) (1993), Appellant Rabago's appeal is premature and we lack appellate jurisdiction. Accordingly,
IT IS HEREBY ORDERED that this appeal is dismissed for lack of appellate jurisdiction.
DATED:
Honolulu, Hawai`i, May 6, 2004.