Opinion
23458.
September 22, 2000.
Appeal from the First Circuit Court.
MOON, C.J., LEVINSON, NAKAYAMA, RAMIL, and ACOBA, JJ.
ORDER DISMISSING APPEAL
Upon review of the statements supporting and contesting jurisdiction and the record, it appears that: (1) the appeal of the May 10, 2000 judgment confirming the foreclosure sale and awarding attorney's fees and costs is an appeal from the second part of the foreclosure case filed in Civil No. 96-4929; (2) the second part of the foreclosure case has not been finally completed inasmuch as a deficiency judgment has yet to be entered; see Hoge v. Kane I, 4 Haw. App. 246, 247, 663 P.2d 645, 647 (1983); (3) the purported certification of the May 10, 2000 judgment under HRCP 54(b) is of no legal effect inasmuch as confirmation of the foreclosure sale and the award of attorney's fees and costs are not claims for relief in the foreclosure action, but are simply matters incident to enforcement of the judgment of foreclosure; see MDG Supply v. Diversified Invs., Inc., 51 Haw. 375, 380, 463 P.2d 525, 529 (1969); Sturkie v. Han, 2 Haw. App. 140, 146-47, 627 P.2d 296, 301-02 (1981); and, thus, (4) this appeal is premature and we lack jurisdiction. Therefore,
IT IS HEREBY ORDERED that this appeal is dismissed for lack of appellate jurisdiction.