*** NOT FOR PUBLICATION ***


NO. 27696



IN THE SUPREME COURT OF THE STATE OF HAWAI`I




In the Matter of the Application of, ROBERT BLAINE BOETTNER and DONALD GENE BRANSFORD, Applicants-Appellants, Appellees


and


EDWARD R. KENNEDY, JAMES WHITCOMB, LAWRENCE CHRISTOPHER, JAMES
GILMUR DUKE McELROY, DAWN ROBERTS, FENN SHRADER, and the MAUI
MEADOWS HOMEOWNERS ASSOCIATION, Intervenors-Appellees, Appellants


and


BOARD OF VARIANCES AND APPEALS, COUNTY OF MAUI, Agency-Appellee



APPEAL FROM THE SECOND CIRCUIT COURT
(CIV. NO. 05-1-0095)



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

Upon review of the record, it appears that judgment has not been entered on the circuit court's December 1, 2005 order. Thus, this appeal is premature and we lack jurisdiction. See HRCP 72(k) and 58; Jenkins v. Cades Schutte Fleming & Wright, 76 Hawai`i 115, 869 P.2d 1334 (1994). Therefore,

IT IS HEREBY ORDERED that this appeal is dismissed for lack of appellate jurisdiction.

DATED: Honolulu, Hawai`i, May 9, 2006.



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