*** NOT FOR PUBLICATION ***


NO. 27183



IN THE SUPREME COURT OF THE STATE OF HAWAI`I



THOMAS TERANISHI, Plaintiff-Appellant,


vs.


MCP RESTAURANT & LOUNGE, INC., dba New Casino, a Hawai`i
Corporation, Defendant-Appellee.


and

DOES 1-50, Defendants.



APPEAL FROM THE FIRST CIRCUIT COURT
(CIV. NO. 03-1-2134)



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

Upon review of the statements supporting and contesting jurisdiction and the record, it appears that final judgment has not been entered in Civil No. 03-1-2134. The February 24, 2005 order denying the motion for sanctions under HAR 28 is not a final order immediately appealable under the collateral order doctrine inasmuch as the order is effectively reviewable on appeal from a final judgment. 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.