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AFL HOTEL RESTR. WKR. HEA. WELFARE TR.

Supreme Court of Hawaii
Feb 5, 2003
25460 (Haw. Feb. 5, 2003)

Opinion

25460

February 5, 2003.

APPEAL FROM THE FIRST CIRCUIT COURT (CIVIL NO. 02-1-0337)

MOON, C.J., LEVINSON, NAKAYAMA, and ACOBA, JJ., and CIRCUIT JUDGE WALDORF, ASSIGNED BY REASON OF VACANCY


ORDER DISMISSING APPEAL

Upon review of the statements supporting and contesting jurisdiction and the record, it appears that the October 8, 2002 orders dismissing the counterclaim and the third-party complaint were not reduced to separate judgments certified under HRCP 54(b), as required by HRCP 58. See Jenkins v. Cades Schutte Fleming Wright, 76 Haw. 115, 869 P.2d 1334 (1994) (An order that disposes of claims is not appealable unless the order is reduced to a separate judgment. The judgment must be certified under HRCP 54(b) if it disposes of less than all the claims.). The October 8, 2002 order denying dismissal of the claims against defendant Dominguez is an interlocutory order that was not certified for appeal under HRS § 641-1(b). Thus, this appeal is premature and we lack jurisdiction. Therefore,

IT IS HEREBY ORDERED that this appeal is dismissed for lack of appellate jurisdiction.


Summaries of

AFL HOTEL RESTR. WKR. HEA. WELFARE TR.

Supreme Court of Hawaii
Feb 5, 2003
25460 (Haw. Feb. 5, 2003)
Case details for

AFL HOTEL RESTR. WKR. HEA. WELFARE TR.

Case Details

Full title:AFL HOTEL RESTAURANT WORKERS HEALTH WELFARE TRUST FUND, by its Trustees…

Court:Supreme Court of Hawaii

Date published: Feb 5, 2003

Citations

25460 (Haw. Feb. 5, 2003)