*** NOT FOR PUBLICATION ***


NO. 26658



IN THE SUPREME COURT OF THE STATE OF HAWAI`I



EUGENE JAMES HUTCH, Plaintiff-Appellant



vs.



NOLAN ESPINDA; TED SAKAI; GOVERNOR BENJAMIN CAYETANO; DEANNA
ESPINAS; EDWIN SHIMODA; DAVE FUKAZAWA; and J. PHIL TUMMINELLO,
Defendants-Appellees



and



JOHN DOES 1-10; JANE DOES 1-10; DOE CORPORATIONS 1-10; and DOE
PARTNERSHIPS 1-10, Defendants




APPEAL FROM THE FIRST CIRCUIT COURT
(CIV. NO. 01-1-3032)


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

Upon review of the record, it appears that final judgment has not been entered in Civil No. 01-1-3032. The appeal of the orders entered on June 14, 2004 is an appeal of interlocutory orders that were not certified for interlocutory appeal pursuant to HRS § 641-1(b). Thus, this appeal is premature and we lack jurisdiction. See HRS § 641-1(a). Therefore,

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

DATED: Honolulu, Hawai`i, September 21, 2004.