*** NOT FOR PUBLICATION ***
NO. 26716
IN THE SUPREME COURT OF THE STATE OF HAWAI`I
SURETY KOHALA CORPORATION, a Hawaii corporation,
Plaintiff-Appellee
vs.
HEIRS OF ASSIGNS OF KAHALEOLE (W); HEIRS OR ASSIGNS OF NAMAKA
(K); HEIRS OR ASSIGNS OF IOBA
KEALINA (K); HEIRS OR ASSIGNS OF
KEALINA (K); HEIRS OF ASSIGNS OF KOLEKA (W); ALSO KNOWN AS
KOLEKA
KEALINA, HEIRS OR ASSIGNS OF SAMUEL NAKAIKUAHINE KEALINA; HEIRS
OR ASSIGNS OF
PAUL KANAINA KAELEMAKULE; HEIRS OR ASSIGNS OF
MALAEA APANA (W); JOHN G. LINCOLN
TRUSTEE, WATER COMMISSION
OF THE COUNTY OF HAWAII; HAWAIIAN ELECTRIC LIGHT COMPANY;
INC.;
VERIZON HAWAII, INC.; STATE OF HAWAII; COUNTY OF HAWAII; the
following owners or occupants of
adjoining lands; BRUNO CONDO c/o
BEN M. BRUNO & ELMA V. BRUNO; TIME WARNER ENTERTAINMENT
COMPANY,
L.P.; HELECONIA CONDOMINIUM PROJECT; AGNES POBRE; Heirs of
persons named above who are
deceased, or persons holding under
said Heirs and spouses, assigns, successors, personal
representatives, executors,
administrators, and trustees of
persons named above who are deceased; DOES 1 through 100; and all
other persons
unknown claiming any right, title, estate, lien or
interest in the real property described and TO WHOM IT MAY
CONCERN,
Defendants-Appellees
and
CHARLES L. NAONE and CHARLITA L. MAHOE, Defendants-Appellants
APPEAL FROM THE THIRD CIRCUIT COURT
(CIV. NO. 01-1-0329)
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 Civil No. 01-1-0329
has not been resolved as to the claim to partition Grant 742. The June 22, 2004 order finally deciding the claim to quiet
title to Grant 1545 was not reduced to a separate judgment certified under HRCP 54(b). See HRCP 54(b) and 58; Jenkins
v. Cades Schutte Fleming & Wright, 76 Hawai`i 115, 119, 869 P.2d 1334, 1338 (1994)(an order that resolves some, but not
all claims in a circuit court action is not appealable unless the order is reduced to separate judgment certified under HRCP
54(b)). Thus, the appeal of the June 22, 2004 order 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, November 4, 2004.