Opinion
22040
April 11, 2002.
APPEAL FROM THE THIRD CIRCUIT COURT (CIV. NO. 90-316K)
ORDER DISMISSING APPEALMOON, C.J., LEVINSON, NAKAYAMA, RAMIL, AND ACOBA, JJ.
Upon review of the statements supporting and contesting jurisdiction and the record, it appears that the September 29, 1998 judgment, which entered judgment on some, but not all claims in Civil No. 90-316K, was not a final judgment and was not appealable until it was certified under HRCP 54(b) by judgment entered January 21, 1999. The notices of appeal filed on October 28, 1998 were not timely appeals from the January 21, 1999 certified judgment under HRAP 4(a)(2) (1984) because the appeals were filed before HRCP 54(b) certification was announced on December 14, 1998. See HRAP 4(a)(2); Wong v. Takeuchi, 83 Haw. 94, 99-102, 924 P.2d 588, 593-96 (App. 1996). Thus, we lack jurisdiction over these appeals. Therefore,
IT IS HEREBY ORDERED that the appeals of appellants Marguerite Hanakeawe and Dennis Hanakeawe and appellants Heirs of Frank Kahapea are dismissed for lack of appellate jurisdiction.