*** NOT FOR PUBLICATION ***
NO. 26860
IN THE SUPREME COURT OF THE STATE OF HAWAI`I
ERNEST J. SASAKI and KATHERINE K. SASAKI, Plaintiffs-Appellees
vs.
GEORGIALYNN MORISAKO and KEVIN SANTANA, JR.,
Defendants-Appellants
and
STERLING OGATA, Defendant
APPEAL FROM THE DISTRICT COURT OF THE THIRD CIRCUIT
(CIV. NO. 3RC04-1-0304)
ORDER DISMISSING APPEAL
(By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.)
Upon review of the record, it appears that entry of the September 2,
2004 judgment for damages against defendants
Morisako and Santana did not finally end the litigation in Civil No.
3RC04-1-0304 inasmuch the plaintiffs' claims against defendant Ogata
had not been resolved. The September 2,
2004 judgment was not certified as a final judgment pursuant to DCRCP
54(b). Thus, the appeal of the September 2, 2004
judgment is premature and we lack jurisdiction. See HRS § 641-1(a); Casumpang v. ILWU, Local 142, 91 Hawai`i 425,
427, 984 P.2d 1251, 1253 (1999)(a district court judgment or order is final and appealable under HRS § 641-1(a) if it ends
the litigation by fully deciding the rights and liabilities of all parties and leaves nothing further to be adjudicated.); Ciesla v.
Reddish, 78 Hawai`i 18, 889 P.2d 702 (1995)(a district court summary possession case is appealable within thirty days after
entry of a judgment for possession and/or after entry of an order finally determining all claims). Therefore,
IT IS HEREBY ORDERED that this appeal is dismissed for lack of appellate jurisdiction.
DATED: Honolulu, Hawai`i, March 14, 2005.