Pacific Source, Inc. v. Tapia (Order Dismissing Appeal)

*** NOT FOR PUBLICATION ***

NO. 27194

IN THE SUPREME COURT OF THE STATE OF HAWAI`I

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PACIFIC SOURCE, INC., a Washington Corporation,
Lienor-Appellant,

vs.

ROBERT TAPIA and ALICIA H. TAPIA, Owners-Appellees,

and

BANK OF HAWAII, a Hawai`i corporation, Mortgagee,

and

JOHN DOES 1-50; JANE DOES 1-50; DOE CORPORATIONS 1-50; DOE
PARTNERSHIPS 1-50; and DOE ENTITIES 1-50,
Unidentified Respondents.

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APPEAL FROM THE FIRST CIRCUIT COURT
(M.L. NO. 04-1-0034)

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

Upon review of the record, it appears that the circuit court's February 28, 2005 order denying the application for a mechanic's and materialman's lien finally resolved the lienor's claim for a lien. The February 28, 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 February 28, 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, July 29, 2005.

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