***
NOT FOR PUBLICATION ***
NO. 26918
IN THE
SUPREME COURT OF THE STATE OF HAWAI`I
ASSOCIATION
OF APARTMENT OWNERS OF 2987 KALAKAUA, by its Board of
Directors, Plaintiff/Counterclaim
Defendant-Appellee
vs.
JOHN
M. DUBOIS, Defendant/Counterclaimant-Appellant
and
TIMOTHY
M. PRINDABLE, Defendant/Counterclaimant
and
ASSOCIATION
OF APARTMENT OWNERS OF 2987 KALAKAUA, by its Board of
Directors, Third-Party
Plaintiff/Counterclaim Defendant
vs.
RICHARD
DIEHL,
Third-Party Defendant/Counterclaimant/Cross-Claim Defendant
and
JOHN
M. DUBOIS and TIMOTHY M. PRINDABLE, Cross-Claimants
APPEAL FROM THE FIRST CIRCUIT COURT
(CIV. NO.
00-1-2060)
ORDER
DISMISSING APPEAL
(By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.)
Upon review of the record, it appears that all claims of all the
parties have been resolved in Civil No. 00-1-2060, but a
judgment resolving all claims has not been entered pursuant to HRCP 58.
See Jenkins v. Cades Schutte Fleming
& Wright,
76 Hawai`i 115, 119-120, 869 P.2d 1334, 1338-39 (1994)(In a
multi-claim,
multi-party circuit court case, the appealable
final judgment is a judgment that "on its face, show[s]
finality as to all claims against all parties."). The October 15, 2004
judgment is a judgment only on defendant Dubois' counterclaims and
absent entry of a judgment resolving all of the
parties' claims, the appeal of the October 15, 2004 judgment is
premature. Thus, we lack jurisdiction. Therefore,
IT IS HEREBY
ORDERED that this appeal is dismissed for lack of appellate
jurisdiction.
DATED: Honolulu,
Hawai`i, March 22, 2005.