NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER


NO. 29079




IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI‘I





BARBRA ENGLISH, Plaintiff-Appellant,

v.

QUEEN'S REALTY, a Hawaii business entity, and
COLDWELL BANKER PACIFIC PROPERTIES, LTD., a Hawaii corporation,
Defendants-Appellees,

and

ARMSTRONG BUILDERS, LLC, a Hawaii domestic Limited Company,
Defendant.





APPEAL FROM THE CIRCUIT COURT OF THE SECOND CIRCUIT
(CIVIL NO. 06-1-1256)




ORDER DISMISSING APPEAL FOR LACK OF APPELLATE JURISDICTION
(By: Watanabe, Presiding Judge, Foley and Fujise, JJ.)

Upon review of the record, it appears that we lack jurisdiction over the appeal by Plaintiff-Appellant Barbra English (English) from the Honorable Glenn J. Kim's March 4, 2008 "Order Granting Defendant Queen's Realty's Motion for Summary Judgment" because the circuit court has not yet entered a separate, final judgment that resolves all claims against all parties pursuant to Rule 58 of the Hawai‘i Rules of Civil Procedure (HRCP) and the holding in Jenkins v. Cades Schutte Fleming & Wright, 76 Hawai‘i 115, 119, 869 P.2d 1334, 1338 (1994).

Hawaii Revised Statutes (HRS) § 641-1(a) (1993 & Supp. 2007) authorizes appeals to the intermediate court of appeals only from "final judgments, orders, or decrees[.]" (Emphasis added.) Appeals under HRS § 641-1 "shall be taken in the manner . . . provided by the rules of the court." HRS § 641-1(c) (1993 & Supp. 2007). HRCP Rule 58 requires that "[e]very judgment shall be set forth on a separate document." HRCP Rule 58. Based on HRCP Rule 58, the Supreme Court of Hawai‘i held that"[a]n appeal may be taken . . . only after the orders have been reduced to a judgment and the judgment has been entered in favor of and against the appropriate parties pursuant to HRCP [Rule] 58[.]" Jenkins v. Cades Schutte Fleming & Wright, 76 Hawai‘i 115, 119, 869 P.2d 1334, 1338 (1994). "An appeal from an order that is not reduced to a judgment in favor of or against the party by the time the record is filed in the supreme court will be dismissed." Id. at 120, 869 P.2d at 1339 (footnote omitted).

Although the circuit court entered the March 4, 2008 "Order Granting Defendant Queen's Realty's Motion for Summary Judgment," the circuit court has not yet entered a final judgment that resolves all claims against all parties pursuant to HRCP Rule 58. Absent an appealable final judgment, English's appeal is premature, and, thus, we lack appellate jurisdiction. Accordingly,

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

DATED: Honolulu, Hawai‘i, August 8, 2008.