***
NOT FOR PUBLICATION ***
NO. 26429
IN THE
SUPREME COURT OF THE STATE OF HAWAI`I
A.
EDWARD FYFFE, JR., Plaintiff-Appellant
vs.
EVA
HUE, in her capacity as Trustee of the EVA M. HUE REVOCABLE
TRUST dated June 29, 1981; DOUG DAVIS;
ALVIN T. ITO; BOB COOK
REALTORS, INCORPORATED, a Hawai`i corporation; ROBERT L. COOK,
JR.; CATHY-ANNE DESCOTEAUX (YOUNG); MARK DONNELLY;
Defendants-Appellees
and
JOHN
DOES 2-10; JANE DOES 1-10; DOE CORPORATIONS 1-10; and
DOE PARTNERSHIPS 1-10, Defendants
APPEAL FROM THE FIRST CIRCUIT COURT
(CIV. NO.
03-1-0688)
ORDER
DISMISSING APPEAL
(By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.)
Upon review of the
record, it appears that Civil No. 03-1-0688 has been resolved as to all
claims against all the parties. The February 4, 2004 judgment, the
Honorable Dexter D. Del Rosario presiding, purports to be the final
judgment on all
claims, but the judgment does not include defendant Mark Donnelly as a
party for whom judgment is entered. See Jenkins
v. Cades Schutte Fleming & Wright, 76 Hawai`i 115, 1190, 869
P.2d 1334, 1338 (1994)(In a multiple-party circuit court
case in which all claims have been resolved, the judgment entered
pursuant to HRCP 58 must enter judgment in favor of
and against the parties on the claims against all the parties.). 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, August 31, 2004.