LARRY A. JOHNSON, Plaintiff-Appellee
vs.
LYNN B. NAKKIM, Defendant-Appellant
Upon consideration
of Plaintiff-Appellee Larry A. Johnson's motion to dismiss the appeal
of Defendant-Appellant Lynn B.
Nakkim for lack of appellate jurisdiction, the papers in support, and
the records and files herein, it appears that: (1)
pursuant to HRS
§ 641-1, appeals shall be allowed in civil matters from all final
judgments, orders and decrees; (2) 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 parties pursuant to Rule 58 of the
Hawai`i Rules of Civil Procedure Rule 58. Jenkins v. Cades Schutte Fleming
& Wright, 76 Hawai`i 115, 119, 869 P.2d
1334, 1338 (1994); (3) an appeal from a decision that has not be
reduced to a final judgment is premature and must be
dismissed for lack of jurisdiction. Id.; (4) Appellant is
appealing from an order that has not been reduced to a final
judgment; and (5) the appeal is premature, and this court lacks
appellate jurisdiction. Therefore,
IT IS HEREBY ORDERED that the motion to dismiss appeal for lack of appellate jurisdiction is granted, and this appeal is dismissed for lack of jurisdiction.
IT IS FURTHER ORDERED that the request for attorney's fees and costs is denied.
DATED: Honolulu, Hawai`i, March 20, 2006.