NO. 27460
IN THE
SUPREME COURT OF THE STATE OF HAWAI`I
JAYSON
AMES VIRTUDES, Petitioner-Appellant
vs.
STATE
OF HAWAI`I, Respondent-Appellee
APPEAL FROM THE FIRST CIRCUIT COURT
(S.P. NO.
02-1-0249)
ORDER
(By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.)
Upon consideration
of Respondent-Appellee State of Hawaii's motion to dismiss the appeal
of Petitioner-Appellant Jayson
Ames Virtudes due to Appellant's failure to timely serve documents, or
in the alternative, the motion for an extension of
time to file the answering brief, the papers in support, and the
records and files herein, it appears that: (1) on August 23,
2005, Appellant filed a notice of appeal from the order granting the
second motion for summary judgment; (2) this is a civil
appeal governed by HRS § 641-1, which provides that appeals shall
be allowed in civil matters from final judgments,
orders, and decrees; (3) an appeal may be taken from circuit court
orders resolving claims against parties only after the
orders have been reduced to a judgment and the judgment has been
entered in favor of and against the appropriate party
pursuant to Rule 58 of the Hawai`i Rule of Civil Procedure. Jenkins v. Cades Schutte Fleming
& Wright, 76 Hawai`i 115,
118, 869 P.2d 1334, 1338 (1994); (4) an appeal from a decision that has
not been reduced to a final judgment must be
dismissed for lack of jurisdiction Id.; (5) the trial court in
the instant case did not enter a final judgment; and (6) the appeal
is premature and the court lacks jurisdiction. Therefore,
IT IS HEREBY
ORDERED that the State's motion to dismiss the appeal based upon
Appellant's failure to properly serve
documents or for an extension of time to file the answering brief is
denied.
IT IS FURTHER
ORDERED that this appeal is dismissed for lack of appellate
jurisdiction.
DATED: Honolulu,
Hawai`i, March 24, 2006.
Lisa M. Itomura,
Deputy Attorney General,
for respondent-appellee
on the motion