***
NOT FOR
PUBLICATION ***
NO. 27007
IN THE
SUPREME COURT OF THE STATE OF HAWAI`I
MICHAEL
A. PEROUTKA, CHUCK BALDWIN and DAVID W. PORTER,
Appellants-Appellants
vs.
DWAYNE
D. YOSHINA, Chief Elections Officer, State of Hawai`i,
Appellee-Appellee
APPEAL FROM
THE FIRST CIRCUIT COURT
(CIV. NO.
04-1-1904)
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 November 23, 2004 order
affirming the administrative decision
in Civil No. 04-1-1904 has not been reduced to a separate judgment as
required by HRCP 58 and 72(k). Thus, this appeal
is premature and we lack jurisdiction. See Jenkins v. Cades Schutte Fleming
& Wright, 76 Hawai`i 115, 869 P.2d 1334
(1994). Therefore,
IT IS HEREBY
ORDERED that this appeal is dismissed for lack of appellate
jurisdiction.
DATED:
Honolulu, Hawai`i, March 11, 2005.