Opinion
24518
April 8, 2002.
ORIGINAL PROCEEDING (CIV. NO. 95-4221-11)
MOON, C.J., LEVINSON, NAKAYAMA, RAMIL, and ACOBA, JJ.
ORDER
Upon consideration of Petitioner Jane Doe's petition for a writ of mandamus, the papers in support and opposition, and the records and files herein, it appears that: (1) Petitioner is seeking an order directing the circuit court to enter a final judgment in Doe v. Grosvenor Center Associates, Civil No. 95-422, pursuant to Jenkins v. Cades Schutte Fleming Wright, 76 Haw. 115, 869 P.2d 1334 (1994); (2) the circuit court refused to enter a judgment because Petitioner filed an earlier appeal, docketed as Appeal No. 22488, that was dismissed; (3) this court takes judicial notice of its own files and notes that there was no jurisdiction for the earlier appeal because there was an outstanding cross-claim and the circuit court did not certify the judgment being appealed as final pursuant to HRCP Rule 54(b); (4) inasmuch as the underlying case was not finally resolved until the circuit court entered an order dismissing the cross-claim on March 21, 2001, the circuit court should have granted Petitioner's request for entry of a final judgment in accordance with Jenkins v. Cades Schutte Fleming Wright, 76 Haw. 115, 869 P.2d 1334 (1994). Therefore,
IT IS HEREBY ORDERED that the petition for a writ of mandamus is granted. The circuit court shall forthwith enter a final judgment that complies with Jenkins v. Cades Schutte Fleming Wright, 76 Haw. 115, 869 P.2d 1334 (1994).