Opinion
24104
August 6, 2001.
APPEAL FROM THE FIRST CIRCUIT COURT (CIV. NO. 95-3790).
R. Steven Geshell for plaintiffs-appellants on the motion
MOON, C.J., LEVINSON, NAKAYAMA, RAMIL, and ACOBA, JJ.
ORDER
Upon consideration of the motion for reconsideration of the July 19, 2001 order dismissing appeal, the papers in support and the record, it appears that: (1) we gave clear notice that "[a]n appeal from an order that is not reduced to a [separate] judgment . . . by the time the record is filed in the supreme court will be dismissed," Jenkins v. Cades Schutte Fleming Wright, 76 Haw. 115, 120, 869 P.2d 1334, 1339 (1994); and (2) absent entry of a separate judgment on that part of the February 7, 2001 order that dismisses Civil No. 95-3790 without prejudice, the other part of the order that denies relief under HRCP 60(b) is not an appealable post-judgment order. Therefore,
IT IS HEREBY ORDERED that the motion for reconsideration or for temporary remand is denied.