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Kelly v. 1250 Oceanside Partners

Supreme Court of Hawaii
Nov 25, 2003
140 P.3d 985 (Haw. 2003)

Opinion

25996

November 25, 2003.

APPEAL FROM THE THIRD CIRCUIT COURT (CIV. NO. 00-1-0192K)

ORDER DISMISSING APPEAL


Upon review of the record, it appears that the judgment entered on June 26, 2003 purports to be the final judgment on the claims asserted in Counts II, V, VI and VII of the Fifth Amended Complaint, but the judgment does not identify the parties for whom the judgment is entered and does not enter judgment in favor of and against those parties, 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 the appeals by defendant-appellant 1250 Oceanside Partners, cross-appellant Protect Keopuka Ohana and cross-appellant State of Hawai`i Department of Health and Bruce Anderson are dismissed for lack of appellate jurisdiction.


Summaries of

Kelly v. 1250 Oceanside Partners

Supreme Court of Hawaii
Nov 25, 2003
140 P.3d 985 (Haw. 2003)
Case details for

Kelly v. 1250 Oceanside Partners

Case Details

Full title:WALTER JOHN KELLY, CHARLES ROSS FLAHERTY, JR., PATRICK M. CUNNINGHAM…

Court:Supreme Court of Hawaii

Date published: Nov 25, 2003

Citations

140 P.3d 985 (Haw. 2003)