Preview:

NO. 23217 IN THE SUPREME COURT OF THE STATE OF HAWAI#I

BANK OF HAWAI#I, Plaintiff-Appellee vs. JAMES J. BROWN, Defendant-Appellant and VILLAS OF HAWAII, INC., a Hawai#i corporation, and RICHARD W. LEWIS, Defendants.

APPEAL FROM THE FIRST CIRCUIT COURT (CIV. NO. 93-5028)

(By:

ORDER DISMISSING APEAL Moon, C.J., Levinson, Nakayama, Ramil, and Acoba, JJ.) (1) the

Upon review of the record, it appears that:

February 3, 2000 judgment, which purports to be certified pursuant to HRCP 54(b), does not contain the language necessary for certification under HRCP 54(b); 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."); and, thus, (2) 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, July 12, 2000.

RONALD T. Y. MOON,

Chief Justice

STEVEN H. LEVINSON,

Associate Justice

PAULA A. NAKAYAMA,

Associate Justice

MARIO R. RAMIL,

Associate Justice

SIMEON R. ACOBA, JR.,

Associate Justice



Download Bank of Hawaii v. Brown.pdf

Hawaii Law