*** NOT FOR PUBLICATION ***


NO. 27162


IN THE SUPREME COURT OF THE STATE OF HAWAI`I


COUNTY OF HAWAI`I, a municipal corporation of the State of
Hawai`i, Plaintiff-Appellee,


vs.


ALA LOOP HOMEOWNERS, an unincorporated association,
Defendant-Appellee,


and


WAIOLA WATERS OF LIFE CHARTER SCHOOL, a public school organized
under the laws of the State of Hawai`i, Defendant-Appellant,


and



JOHN DOES 1-10, JANE DOES 1-10, DOE PARTNERSHIPS 1-10, DOE
CORPORATIONS 1-10, and DOE ENTITIES 1-10, Defendants-Appellees.


---------------------------------------------------------------------------------------------------------------------------------


ALA LOOP COMMUNITY ASSOCIATION, an unincorporated non-profit
association, Third-Party Plaintiff,


vs.


LAND USE COMMISSION, STATE OF HAWAI`I, Third-Party Defendant.



APPEAL FROM THE THIRD CIRCUIT COURT
(CV. NO. 03-1-0308)



ORDER DISMISSING APPEAL
(By: Nakayama, J. for the court (1))

Upon review of the record, it appears that the March 4, 2005 judgment, the Honorable Greg K. Nakamura presiding, which purports to be the final judgment on the cross-claims for declaratory and injunctive relief by Ala Loop Homeowners against Waiola Waters of Life Charter School, does not enter judgment in favor of Ala Loop Homeowners and against Waiola Waters of Life Charter School on the cross-claims and does not identify the cross-claims as the claims for which the judgment is entered, as required by Jenkins v. Cades Schutte Fleming & Wright, 76 Hawai`i 115, 119-120, 869 P.2d 1334, 1339-39 (1994)(In a multiple-claim, multiple-party circuit court case, a judgment that purports to be the final judgment is not appealable unless the judgment enters judgment in favor of and against the appropriate parties and identifies the claims for which the judgment is entered.). Thus, this appeal 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, July 29, 2005.




1.     Considered by: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.