*** NOT FOR
PUBLICATION ***
NO. 26678
IN THE
SUPREME COURT OF THE STATE OF HAWAI`I
MARSHALL
KENNETH FLOWERS, Plaintiff-Appellant
vs.
UNITED
SERVICES AUTOMOBILE ASSOCIATION, Defendant-Appellee
APPEAL FROM THE FIRST CIRCUIT COURT
(CIV. NO.
02-1-1679)
ORDER DISMISSING APPEAL
(By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.)
Upon review of the statements supporting and contesting jurisdiction
and the record, it appears that the circuit court's April
12, 2004 order granting summary judgment and dismissing Civil No.
02-1-1679 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). The July 23, 2004 "Notice of Entry of Judgment" is a notice
entered pursuant to HRCP 77(d) and is not a separate
judgment entered pursuant to HRCP 58. 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, October 29, 2004.