*** NOT FOR PUBLICATION ***
NO. 27585
IN THE
SUPREME COURT OF THE STATE OF HAWAI`I
JOSEPH
BECHTOL and CLYDE PETERSON, Plaintiffs-Appellants
vs.
ROBERT
WARMINGTON and Nominal Defendant MANINIO'WALI EQUITY
COMPANY, LLC, Defendants-Appellees
and
JOHN
DOES 1-100, Defendants
APPEAL FROM THE FIRST CIRCUIT COURT
(CIV. NO.
04-1-1779)
ORDER
DISMISSING APPEAL
(By: Nakayama, J., for the court (1))
Upon review of the record, it
appears that the circuit court's orders granting summary judgment in
favor of the defendants
were 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,
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, February 27,
2006.
1. Considered by:
Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.