Blaisdell v. Department of Public Safety (Order Dismissing Appeal)

* * * NOT FOR PUBLICATION * * *

NO. 26803

IN THE SUPREME COURT OF THE STATE OF HAWAI`I

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RICHARD BLAISDELL, Plaintiff-Appellant

vs.

DEPARTMENT OF PUBLIC SAFETY, Defendant-Appellee

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APPEAL FROM THE FIRST CIRCUIT COURT
(CIV. NO. 04-1-1455)

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 August 30, 2004 order dismissing Civil No. 04-1-1455 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); Price v. Obayashi, 81 Hawai`i 171, 176, 914 P.2d 1364, 1371 (1996). 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, January 21, 2005.