* * * NOT FOR PUBLICATION * * *
NO. 26650
IN THE SUPREME COURT OF THE STATE OF HAWAI`I
TYLER O. YAMASHITA, Trustee of that Certain Unrecorded Trust
Dated August 9, 1990, Plaintiff-Appellee
vs.
DAE YOUNG DEVELOPMENT CORPORATION, a Hawai`i corporation,
SUN YONG LEE, Defendants-Appellants
and
WATUMULL INVESTMENT CO., LLC, Defendant
APPEAL FROM THE DISTRICT COURT OF THE FIRST CIRCUIT
(CIV. NO. 1RC03-1-3783)
ORDER DISMISSING APPEAL
(By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.)
Upon review of appellants' statement of jurisdiction, appellee's motion to dismiss appeal and the record, it appears that the
May 25, 2004 and June 4, 2004 orders denying relief from the judgment for possession were not appealable as an appeal
from the judgment for possession inasmuch as the motion for relief from the judgment was not filed within ten days after
entry of the judgment for possession. See HRAP 4(a)(3). The May 25, 2004 and June 4, 2004 orders did not finally end
the litigation in Civil No. 1RC03-1-3783 inasmuch as the plaintiff's claim for damages has not been decided and the claims
against defendant Watumull Investment Company have not been resolved by disposition entered on the record. Thus, the
appeal of the May 25, 2004 and June 4, 2004 orders is premature and we lack jurisdiction. See HRS § 641-1(a);
Casumpang v. ILWU, Local 142,
91 Hawai`i 425, 427, 984 P.2d 1251, 1253 (1999)(a district court
judgment or order is
final and appealable under HRS § 641-1(a) if it ends the
litigation by fully deciding the rights and liabilities of all parties
and leaves nothing further to be adjudicated.). Therefore,
IT IS HEREBY ORDERED that this appeal is dismissed for lack of appellate jurisdiction.
DATED: Honolulu, Hawai`i, January 21, 2005.