*** NOT FOR PUBLICATION ****
NO. 27121
IN THE
SUPREME COURT OF THE STATE OF HAWAI`I
STATE OF
HAWAI`I, Petitioner-Appellee
vs.
CHARLES
MILLER, Respondent-Appellant
APPEAL FROM THE FIRST CIRCUIT COURT
(S.P. NO.
04-1-0242)
ORDER
DISMISSING APPEAL
(By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.)
Upon review of the record, it appears that S.P. No. 04-1-0242 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 January 13,
2005 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 January
13, 2005
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.