*** NOT FOR PUBLICATION ***


NO. 27391



IN THE SUPREME COURT OF THE STATE OF HAWAI`I


DAMIEN WONG and EDMUND WONG, Plaintiffs-Appellants,


vs.


ROBERT GETZ; SHELL DEVELOPMENT CORP.-LAWAI, a Hawai`i
corporation; TURTLE COVE REALTY, a Hawai`i corporation,
Defendants-Appellees,


and


JOHN DOES 1-10; DOE CORPORATIONS 1-10; and DOE PARTNERSHIPS 1-10;
DOE ASSOCIATIONS 1-10; and DOE OTHER ENTITIES 1-10, Defendants,


and


SHELL DEVELOPMENT CORP.-LAWAI, Third-Party Plaintiff,


vs.


TURTLE COVE REALTY; REAL ESTATE CONSULTANTS OF KONA; and
ROES 1-10, Third-Party Defendants.



APPEAL FROM THE FIFTH CIRCUIT COURT
(CIV. NO. 98-0339)



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

Upon review of the record, it appears that the circuit court's June 16, 2005 order granting summary judgment as to all defendants 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 separate judgment pursuant to HRCP 58 by the time the record is filed in the supreme court). Thus, the appeal of the June 16, 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, October 13, 2005



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