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NO. 24262 IN THE SUPREME COURT OF THE STATE OF HAWAI#I

MARK STEWART, Appellant-Appellant vs. STATE OF HAWAI#I, DEPARTMENT OF HUMAN SERVICES, Appellee-Appellee

APPEAL FROM THE SECOND CIRCUIT COURT (S.P. NO. 01-1-0013) ORDER DISMISSING APPEAL (By: Moon, C.J., Levinson, Nakayama, Ramil, and Acoba, JJ.) Upon review of the record, it appears that: (1) the circuit court's May 7, 2001 order, the Honorable Joseph E. Cardoza, presiding, has not been reduced to a separate judgment as required by HRCP 58 and 72(k); and thus, (2) this appeal is premature and we lack jurisdiction. See Jenkins v. Cades Schutte

Fleming & Wright, 76 Hawai#i 115, 869 P.2d 1334 (1994). Therefore, IT IS HEREBY ORDERED that this appeal is dismissed for lack of appellate jurisdiction. DATED: Honolulu, Hawai#i, September 24, 2001.



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