***
NOT FOR PUBLICATION ***
NO.
26950
IN THE
SUPREME COURT OF THE STATE OF HAWAI`I
DR. GEORGE R.
HARKER, Plaintiff-Appellant
vs.
TODD
Y. HIRAI, NELSON B. BEFITEL, GREGORY W. KUGLE, Attorneys,
DAMON KEY LEONG KUPCHAK
HASTERT, A law firm, GERI SAMSONAS,
CITY BANK, DON G. LOYOLA, AMERICAN SAVINGS BANK,
Defendants-Appellees
APPEAL FROM THE SECOND CIRCUIT COURT
(CIV. NO.
04-1-0133)
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 October 19, 2004 order
denying the motion for extension of
time to appeal is an interlocutory order in Civil No.04-1-0133. The
order is not immediately appealable as a final order under the
collateral order doctrine inasmuch as the
September 14, 2004 summary judgment order -- which was not reduced to a
separate judgment pursuant to HRCP 58 -- was
not an appealable order and consequently, the right to appeal the
September 14, 2004 order will not be irretrievably lost if
review of the October 19, 2004 order has to await entry of a certified
judgment on the September 14, 2004 order or entry of
a final judgment in Civil No. 04-1-0133. Thus, we lack jurisdiction. See HRS § 641-1(a).
Therefore,
IT IS HEREBY
ORDERED that this appeal is dismissed for lack of appellate
jurisdiction.
DATED: Honolulu,
Hawai`i, March 22, 2005.