*** NOT FOR PUBLICATION ***



NO. 27187



IN THE SUPREME COURT OF THE STATE OF HAWAI`I



DANIEL DEPARINI, Plaintiff-Appellant,


vs.


STATE OF HAWAII, HONORABLE BARBARA TAKASE, DEPUTY ATTORNEY
GENERAL JOANNA FONG, LAWRENCE K. MAHUNA, STANLEY KAINA, JOHN
BRISKI, POLICE SERGEANT JOHN DOE AND KEAAU POLICE STATION,
Defendants-Appellees,


and


GOMES, PORONA & LEROY, Defendants.



APPEAL FROM THE THIRD CIRCUIT COURT
(CIV. NO. 04-1-214)



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 the circuit court's February 24, 2005 and March 1, 2005 orders dismissing the claims against the state defendants and the county defendants were not reduced to separate certified judgments, 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 February 24, 2005 and March 1, 2005 orders 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.