Opinion
24142
July 23, 2001.
APPEAL FROM THE THIRD CIRCUIT COURT (CIV. NO. 98-0361)
MOON, C.J., LEVINSON, NAKAYAMA, RAMIL, and ACOBA, JJ.
ORDER DISMISSING APPEAL
Upon review of appellants' statement of jurisdiction and the record, it appears that: (1) the circuit court's February 9, 2001 Findings of Fact, Conclusions of Law and Order, the Honorable Artemio C. Baxa, presiding, has not been reduced to a separate judgment, as required by HRCP 58; see Jenkins v. Cades Schutte Fleming Wright, 76 Haw. 115, 869 P.2d 1334 (1994); (2) the Notice of Entry of Judgment/Order filed by the clerk pursuant to HRCP 77(d) is not the separate judgment entering judgment in favor of and against the parties required by HRCP 58; Jenkins, 76 Hawai`i at 119, 869 P.2d at 1338; and thus, (3) this appeal is premature and we lack jurisdiction. Therefore,
IT IS HEREBY ORDERED that this appeal is dismissed for lack of appellate jurisdiction.