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Gunderson v. Shaw

Supreme Court of Hawaii
Jan 7, 2004
25893 (Haw. Jan. 7, 2004)

Opinion

25893

January 7, 2004.

APPEAL FROM THE SECOND CIRCUIT COURT (CIV. NO. 01-1-0256)

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


ORDER DISMISSING APPEAL


Upon review of the record, it appears that the judgment entered on May 14, 2003, the Honorable Joel E. August, presiding, purports to be a certified final judgment on the claims and counterclaims by and between plaintiff James Gunderson, Jr. and defendants Mahmunir Shah and Aslam Shaw. However, the May 14, 2003 judgment merely recites how the claims and counterclaims were resolved, but does not identify and enter judgment in favor of and against the parties on the claims asserted in the first amended complaint and does not enter judgment in favor of and against the parties on Counts 2, 3, 4, 6 and 7 of the first amended counterclaim, as required by Jenkins v. Cades Schutte Fleming Wright, 76 Haw. 115, 119-120, 869 P.2d 1334, 1338-39 (1994) ("[I]f a judgment purports to be the final judgment in a case involving multiple claims or multiple parties, the judgment must specifically identify the party or parties for and against whom the judgment is entered and must identify the claims for which it is entered[.]"). Thus, this appeal is premature and we lack jurisdiction. Therefore,

IT IS HEREBY ORDERED that this appeal and cross-appeal are dismissed for lack of appellate jurisdiction.


Summaries of

Gunderson v. Shaw

Supreme Court of Hawaii
Jan 7, 2004
25893 (Haw. Jan. 7, 2004)
Case details for

Gunderson v. Shaw

Case Details

Full title:JAMES D. GUNDERSON, JR., Plaintiff/Counterclaim…

Court:Supreme Court of Hawaii

Date published: Jan 7, 2004

Citations

25893 (Haw. Jan. 7, 2004)