***
NOT FOR PUBLICATION ***
NO. 26573
IN THE
SUPREME COURT OF THE STATE OF HAWAI`I
HIEN
QUANG LE, Plaintiff-Appellant
vs.
DR.
ROY CHEN-JEN, Defendant-Appellee
APPEAL FROM THE FIRST CIRCUIT COURT
(CIV. NO.
03-1-2435)
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 May 4,
2004 order dismissing Civil No. 03-1-2435 has not
been reduced to a separate judgment, as required by HRCP 58. See Jenkins v. Cades Schutte Fleming
& Wright, 76
Hawai`i 115, 869 P.2d 1334 (1994). 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, September 16, 2004.