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Durbin v. Weeks

Supreme Court of Hawaii
Aug 8, 2000
23303 (Haw. Aug. 8, 2000)

Opinion

23303.

August 8, 2000.

Appeal from the Third Circuit Court (Civ. No. 98-186K).

MOON, C.J., LEVINSON, NAKAYAMA, RAMIL, and ACOBA, JJ.


ORDER DISMISSING APPEAL

Upon review of the record, it appears that: (1) the October 18, 1999 order granting summary judgment on the complaint entered judgment in favor of defendant Weeks and in favor of defendant Bishop Estate; (2) the February 28, 2000 judgment, which purports to be the final judgment in Civil No. 98-0186K, enters judgment on the complaint in favor of Weeks, but does not enter judgment in favor of the Bishop Estate, as required by HRCP 58; see Jenkins v. Cades Schutte Fleming Wright, 76 Haw. 115, 119-120, 869 P.2d 1334, 1339-39 (1994); (3) entry of judgment on the claims against the Bishop Estate is not effected by the declaration in the February 28, 2000 judgment that "there are no further claims left for disposition"; see Jenkins, 76 Hawaii at 120 n. 4, 869 P.2d at 1339 n. 4. ("A statement that declares `there are no other outstanding claims' is not a judgment."); 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.


Summaries of

Durbin v. Weeks

Supreme Court of Hawaii
Aug 8, 2000
23303 (Haw. Aug. 8, 2000)
Case details for

Durbin v. Weeks

Case Details

Full title:Christine DURBIN, Plaintiff-Appellant vs. John Douglas WEEKS II, also…

Court:Supreme Court of Hawaii

Date published: Aug 8, 2000

Citations

23303 (Haw. Aug. 8, 2000)