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Afanasenko v. County of Hawaii
State: Hawaii
Court: Court of Appeals
Docket No: 25999
Case Date: 01/07/2004
Preview:*** NOT FOR PUBLICATION ***
NO. 25999 IN THE SUPREME COURT OF THE STATE OF HAWAI#I SERGIO AFANASENKO, Plaintiff-Appellant vs. COUNTY OF HAWAI#I, TONY ENRIQUEZ, and DONALD WATSON, Defendants/Cross-Claim Plaintiffs/Appellees and DEPARTMENT OF PUBLIC SAFETY, A DEPARTMENT OF THE STATE OF HAWAI#I, EDWIN AKANA, WHITTAKER & LACY, ATTORNEYS AT LAW, A LAW CORPORATION, PETERSON MACHINE TOOL, INC., HARTFORD FIRE INSURANCE COMPANY, THE HARTFORD FINANCIAL SERVICES GROUP, INC., JOHN DOES 1-10, JANE DOES 1-10, DOE ENTITIES 1-10, DOE CORPORATIONS 1-10, and DOE GOVERNMENTAL AGENCIES 1-10, Defendants/Cross-Claim Defendants/Appellees APPEAL FROM THE THIRD CIRCUIT COURT (CIV. NO. 99-529) ORDER DISMISSING APPEAL (By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.) Upon review of the record, it appears that we do not have jurisdiction over Plaintiff-Appellant Sergio Afanasenko's (Appellant Afanasenko) appeal from the Honorable Terence T. Yoshioka's June 30, 2003 judgment because it does not satisfy the requirements for an appealable final judgment under our holding in Jenkins v. Cades Schutte Fleming & Wright, 76 Hawai#i 115, 119, 869 P.2d 1334, 1338 (1994). [I]f a judgment purports to be the final judgment in a case involving multiple claims or multiple parties, the judgment . . . must . . . specifically identify the party or parties for and against whom the judgment is entered, and . . . must . . . identify the claims for which it is entered, and . . . dismiss any claims not specifically identified[.] Id. at 119, 869 P.2d at 1338. The June 30, 2003 judgment

*** NOT FOR PUBLICATION ***
contains the finding necessary for certification under Rule 54(b) of the Hawai#i Rules of Civil Procedure (HRCP). However, despite that Appellant Afanasenko asserted multiple claims in his October 23, 2002 first amended complaint, the June 30, 2003 judgment does not specifically identify the claim(s) for which judgment is entered. Therefore, the June 30, 2003 judgment does not satisfy the requirements for an appealable final judgment under HRCP Rule 54(b), HRCP Rule 58, HRS
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