Opinion
24207
July 23, 2001.
APPEAL FROM THE THIRD CIRCUIT COURT (CIV. NO. 98-160K)
MOON, C.J., LEVINSON, NAKAYAMA, RAMIL, and ACOBA, JJ.
ORDER DISMISSING APPEAL
Upon review of the record, it appears that: (1) the circuit court's April 2, 2001 judgment, the Honorable Ronald Ibarra, presiding, purports to be the final judgment in Civil No. 98-160K, but the judgment does not show finality as to all claims against all the parties inasmuch as it does not enter judgment on the claims and cross-claims against defendant Richard Foley, including the claim for which the uncertified default judgment was entered, as required by HRCP 58; see Jenkins v. Cades Schutte Fleming Wright, 76 Haw. 115, 119-20, 869 P.2d 1334, 1339-39 (1994) (In a multiple claim, multiple party circuit court case, a judgment that purports to be the final judgment must, on its face, show finality as to all claims against all the parties.); and thus, (2) 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.