Smith v. Maui County Board of Variance and Appeals (Order Dismissing Appeal)

*** NOT FOR PUBLICATION ***

NO. 26491

IN THE SUPREME COURT OF THE STATE OF HAWAI`I

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JAMES R. SMITH, Claimant/Appellant-Appellant

vs.

MAUI COUNTY BOARD OF VARIANCE AND APPEALS,
Defendant/Appellee-Appellee

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APPEAL FROM THE SECOND CIRCUIT COURT
(CIV. NO. 03-1-0440)

ORDER DISMISSING APPEAL
(By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.)

Upon review of the record, it appears that the circuit court's January 15, 2004 order dismissing Civil No. 03-1-0440 has not been reduced to a separate judgment as required by HRCP 58 and 72(k). Thus, this appeal is premature and we lack jurisdiction. See Jenkins v. Cades Schutte Fleming & Wright, 76 Hawai`i 115, 869 P.2d 1334 (1994). Therefore,

IT IS HEREBY ORDERED that this appeal is dismissed for lack of appellate jurisdiction.

DATED: Honolulu, Hawai`i, July 20, 2004.