Lighter v. Yuen (Order Dismissing Appeal)

*** NOT FOR PUBLICATION ***

NO. 27186

IN THE SUPREME COURT OF THE STATE OF HAWAI`I

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ERIC AARON LIGHTER, Individually and as Owner of the Claims of
Integrity Five Trust and Credit Bureau International Trust,
Appellant-Appellant,

vs.

CHRISTOPHER J. YUEN, Planning Director, County of Hawai`i,
Appellee-Appellee.

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APPEAL FROM THE THIRD CIRCUIT COURT, HILO DIVISION
(CIV. NO. 04-1-0224)

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

Upon review of the record, it appears that judgment has not been entered on the circuit court's February 24, 2005 decision and order. Thus, this appeal is premature and we lack jurisdiction. See HRCP 72(k) and 58; 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, July 15, 2005.

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