* NOT FOR PUBLICATION ***


NO. 27358


IN THE SUPREME COURT OF THE STATE OF HAWAI`I



FREDDY NOBRIGA ENTERPRISES, INC. and ALFRED NOBRIGA,
Plaintiffs/Counterclaim-Defendants-Appellants,


vs.


STATE OF HAWAI`I DEPARTMENT OF HAWAIIAN HOME LANDS,
MICAH KANE and LINDA CHINN,
Defendants/Counterclaimants-Appellees.


APPEAL FROM THE THIRD CIRCUIT COURT, HILO
(CIV. NO. 03-1-0217)



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

Upon review of the statements supporting and contesting jurisdiction, appellee's motion to dismiss appeal, the papers in support and in opposition and the record, it appears that final judgment has not been entered in Civil No. 03-1-0217. The March 14, 2005 order granting defendant's motion for a temporary restraining order and denying plaintiffs' counter motion for a preliminary injunction is not a final order immediately appealable under the collateral order or Forgay doctrines. Thus, we lack jurisdiction. See HRS § 641-1(a). Therefore,

IT IS HEREBY ORDERED that this appeal is dismissed for lack of appellate jurisdiction.

DATED: Honolulu, Hawai`i, September 22, 2005.



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