State v. Shaw (Order Dismissing Appeal)

*** NOT FOR PUBLICATION ***

NO. 26814

IN THE SUPREME COURT OF THE STATE OF HAWAI`I

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STATE OF HAWAI`I, Petitioner-Appellee

vs.

MICHAEL SHAW, Respondent-Appellant

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APPEAL FROM THE FIRST CIRCUIT COURT

(S.P. NO. 04-1-0178)

ORDER DISMISSING APPEAL

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

Upon review of the record, it appears that S.P. No. 04-1-0178 was a circuit court civil proceeding governed by the Hawai`i Rules of Civil Procedure. See HRS § 846E-3(d); HRCP 1.  The circuit court's August 18, 2004 order was not 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)(an order that resolves claims in a circuit court civil case is not appealable unless the order is reduced to a separate judgment pursuant to HRCP 58). Thus, the appeal of the August 18, 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, May 27, 2005.