*** NOT FOR PUBLICATION ***


NO. 27769



IN THE SUPREME COURT OF THE STATE OF HAWAI`I



MARGRET GILLAN, HOWARD KELLER, M.D., Plaintiffs-Appellees


vs.


GOVERNMENT EMPLOYEES INSURANCE COMPANY, Defendant-Appellant


and


JOHN DOES 1-10; JANE DOES 1-10; DOE CORPORATIONS 1-10; DOE
PARTNERSHIPS 1-10; ROE NON-PROFIT CORPORATIONS 1-10; and ROE
GOVERNMENTAL ENTITIES 1-10, Defendants



APPEAL FROM THE FIRST CIRCUIT COURT
(CIV. NO. 05-1-0650)




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

Upon review of the record, it appears that the February 27, 2006 judgment, the Honorable Sabrina S. McKenna, 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.