*** NOT FOR PUBLICATION ***
NO.
27739
IN THE
SUPREME COURT OF THE STATE OF HAWAI`I
NETTIE JOHNSON, Plaintiff-Appellant
vs.
JAMES
BEAMAN and HAWAII DISABILITY RIGHTS CENTER fna
PROTECTION AND ADVOCACY OF HAWAII,
Defendants-Appellees
APPEAL FROM THE FIRST CIRCUIT COURT
(CIV. NO.
04-1-0412)
ORDER DISMISSING APPEAL
(By:
Nakayama, J., for the court
(1))
Upon review of the
record, it appears that the January 26, 2006 judgment, the
Honorable Karen S.S. Ahn, presiding, was certified as a final judgment
under HRCP 54(b),
but the judgment does not contain the language necessary for HRCP 54(b)
certification. See Jenkins v. Cades Schutte Fleming
& Wright, 76 Hawai`i 115, 119-120, 869 P.2d 1334, 1338-39
(1994)("[I]f a judgment purports to be the final
judgment in a case involving multiple claims or multiple parties . . .
[and] . . .
if the judgment resolves fewer than all claims against all parties, . .
. an
appeal may be taken only if the judgment contains the language
necessary for
certification under HRCP 54(b). . . . [T]he necessary finding of no
just reason
for delay . . . must be included in the judgment."). 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, May 25,
2006.
1. Considered by: Moon, C.J., Levinson,
Nakayama, Acoba, and Duffy, JJ.