Enos v. State, Department of Land and Natural Resources (Order Dismissing Appeal)

*** NOT FOR PUBLICATION ***

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NO. 27758

IN THE SUPREME COURT OF THE STATE OF HAWAI`I

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AILEEN ENOS, individually and as Special Administrator of the
Estate of Maryann Kunewa, Plaintiff-Appellant

vs.

STATE OF HAWAI`I, DEPARTMENT OF LAND AND NATURAL RESOURCES,
HISTORIC PRESERVATION DIVISION; STATE OF HAWAI`I, DEPARTMENT OF
HEALTH; ISABELLE KNUTSON; ELIZABETH AKIMSEU,
Defendants-Appellees

and

JOHN DOES 1-20; JANE DOES 1-20; DOE PARTNERSHIPS 1-20;
CORPORATIONS 1-10; and DOE "NON-PROFIT" CORPORATIONS 1-20; and
DOE GOVERNMENTAL AGENCIES 1-20, Defendants

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APPEAL FROM THE THIRD CIRCUIT COURT

KONA DIVISION

(CIV. NO. 03-1-0147K)

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

Upon review of the record, it appears that the January 12, 2006 judgment, the Honorable Ronald Ibarra presiding, which purports to be the final judgment in Civil No. 03-1-0147K, does not identify the claims for which the judgment is entered, as required by Jenkins v. Cades Schutte Fleming & Wright, 76 Hawai`i 115, 119-120, 869 P.2d 1334, 1338-39 (1994)(In a multiple-claim, multiple-party circuit court case, a judgment that purports to be the final judgment is not appealable unless the judgment enters judgment in favor of and against the appropriate parties and identifies the claims for which the judgment is entered.). 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 3, 2006.

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