* * *
NOT FOR PUBLICATION * * *
NO.
27717
IN THE
SUPREME COURT OF THE STATE OF HAWAI`I
CAROLINE
BISCHOFF and BETTY K. LEE,
Plaintiffs-Appellees
vs.
DANIEL K.
CHING, PATRICIA Y. CHING,
and GERTRUDE
C. YEE, Defendants-Appellants
APPEAL FROM
THE DISTRICT COURT OF THE FIRST CIRCUIT
(CIV. NO.
1RC05-1-2805)
ORDER DISMISSING APPEAL
(By: Duffy, J.
for the court
(1))
Upon review of the
motion to dismiss appeal, the papers in support and in
opposition and the record, it appears that the litigation Civil No.
1RC05-1-2805
has not ended inasmuch as the plaintiffs' claim for damages has not
been
adjudicated. Absent entry of judgment on the claim for damages, the
appeal of the
judgment of possession and the adjudication of the counterclaim is
premature and
we lack jurisdiction. See
HRS § 641-1(a); Casumpang v. ILWU, Local 142,
91 Hawai`i
425, 427, 984 P.2d 1251, 1253 (1999)(a district court judgment or order
is final
and appealable under HRS § 641-1(a) if it ends the
litigation by fully deciding
the rights and liabilities of all parties and leaves nothing further to
be
adjudicated.); Ciesla
v. Reddish, 78 Hawai`i 18, 889 P.2d 702 (1995)(a district
court summary possession case is appealable within thirty days after
entry of a
judgment for possession and/or after entry of an order finally
determining all
claims). Therefore,
IT IS HEREBY ORDERED that this appeal is
dismissed for lack of appellate jurisdiction.
DATED: Honolulu, Hawai`i, June 21, 2006.
1.
Considered by: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.