*** NOT FOR PUBLICATION ***
NO. 27378
IN THE SUPREME COURT OF THE STATE OF HAWAI`I
PHILIP B. MAISE, Plaintiff-Appellee/Counterclaim
Defendant
vs.
CECIL LORAN LEE, Defendant-Appellant/Counterclaimant
and
MICHAEL BOYD, Defendant
APPEAL FROM THE THIRD CIRCUIT COURT
(CIV. NO. 01-1-0444)
ORDER DISMISSING APPEAL
(By: Nakayama, J., for the court (1))
Upon review of the record, it appears
that all claims against all the parties have been resolved in Civil No.
01-1-0444, but a
judgment resolving all claims has not been entered pursuant to HRCP 58.
See Jenkins
v. Cades Schutte Fleming & Wright,
76 Hawaii 115, 119-120, 869 P.2d 1334, 1339-39 (1994)(In a multiple
claim, multiple party circuit court case, an appeal
may be taken after entry of a judgment that, on its face, resolves all claims
against all the parties.). The
September 30,
2004 judgment resolved only the plaintiff's claims against defendant
Lee. The judgment did not resolve the plaintiff's
claims against defendant Boyd and purported to, but did not resolve
defendant Lee's counterclaim. Thus, this appeal 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, October 27,
2005.
1. Considered by:
Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.