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Ihara v. Wong
State: Hawaii
Court: Court of Appeals
Docket No: 23409
Case Date: 08/28/2000
Preview:NO. 23409 IN THE SUPREME COURT OF THE STATE OF HAWAI#I

MIHOKO IHARA, Plaintiff vs. ROBERTA BECK WONG, Defendant/Cross-claim Defendant-Appellant and ISLAND TITLE CORPORATION, Defendant/Cross-claimant-Appellee and DR. HANS ANTON THOMA, et al., Defendants

APPEAL FROM THE FIRST CIRCUIT COURT (CIV. NO. 99-0203) ORDER DISMISSING APPEAL (By: Moon, C.J., Levinson, Nakayama, Ramil, and Acoba, JJ.) Upon review of the record, it appears that: (1) defendant Island Title Corporation cross-claimed against defendant Roberta Wong for cancellation of the escrow, payment of fees due under the escrow agreement and for a permanent injunction against bringing suit on the escrow; (2) the March 10, 2000 judgment, which purports to be the final judgment on the cross-claim for fees due under the escrow agreement, fails to state that the judgment is a judgment on Island Title Corporation's cross-claim for fees, which cross-claim is not sufficiently identified by the reference to the order granting summary judgment; see Jenkins v. Cades Schutte Fleming & Wright,

76 Hawai#i 115, 119, 869 P.2d 1334, 1338-39 (1994) (holding that, in a multiple claim or multiple party circuit court case, a judgment that purports to be the final judgment must identify the claims for which the judgment is entered); and, thus, (3) 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, August 28, 2000.

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