Silva v. Paul
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NO. 23477 IN THE SUPREME COURT OF THE STATE OF HAWAI#I WILLIAM SILVA; DANIEL MLAKAR; MICHAEL DUBBERSTEIN; RICHARD CANN; ERNEST CORREIA; HENRY J. SILVA; THOMAS C. S. HING, JR.; GLENN NOJIRI; JAMES KELLY; JULIAN SHIROMA; ERROL ISHIMINE; JERRY COLOMA; BRADLEY BALLESTEROS; ARLEN BENTO; MORTON CARTER; DENNIS CORREA; LODYBESY GLORY; EARL HATADA; and BURTON YAMAGUCHI, Plaintiffs/Counter-Defendants-Appellees and Cross-Appellees and RODNEY AURELLO and WILLIAM LYMAN, Plaintiffs and Counter-Defendants vs. COUNTY OF HAWAI#I and COUNTY OF HAWAI#I POLICE DEPARTMENT, Defendants-Appellants and WAYNE CARVALHO, individually and in his official capacity as Deputy Chief of Police and Chief of Police of the County of Hawai#i, FRANCIS DEMORALES, individually and in his official capacity as Assistant Chief of Police of the County of Hawaii, Defendants/Cross-Claimants/CrossDefendants/Counterclaimants-Cross-Appellants and VICTOR VIERRA, individually and in his official capacity as Chief of Police of the County of Hawai#i, Defendant/Cross-Defendant/Counterclaimant/Cross-Claimant and WAYNE CARVALHO, individually and in his official capacity as Deputy Chief of Police and Chief of Police of the County of Hawai#i and VICTOR VIERRA, individually and in his official capacity as Chief of Police of the County of Hawai#i, Third-Party Plaintiffs and Counter-Defendants vs. GUY PAUL, individually and in his official capacity as Chief of Police of the County of Hawai#i, Third-Party Defendant and Counterclaimant and STATE OF HAWAI#I ORGANIZATION OF POLICE OFFICERS, Third-Party Defendant APPEAL FROM THE THIRD CIRCUIT COURT (CR. NO. 97-0622) ORDER DISMISSING APPEAL AND CROSS-APPEALS (By: Moon, C.J., Levinson, Nakayama, Ramil, and Acoba, JJ.) Upon review of the statements of jurisdiction and the record, it appears that: (1) the February 3, 2000 judgment, which purports to be the final judgment in Civil No. 97-622, does not show finality as to all claims of all the parties, as required by HRCP 58 and by our decision in Jenkins v. Cades Schutte Fleming & Wright, 76 Hawai#i 115, 119-120, 869 P.2d 1334, 1339-39 (1994); (2) disposition of those claims not mentioned in the judgment are not effected by the declarations that there are no remaining parties, claims, counterclaims, cross-claims and/or issues and that all claims not addressed above have been disposed of by motion or have been withdrawn; see Jenkins, 76 Hawai#i at 120 n.4, 869 P.2d at 1339 n.4. ( A statement that declares there are no other outstanding claims is not a judgment. ); and, thus, (3) the appeals from the February 3, 2000 judgment are premature and we lack jurisdiction. Therefore, 2 IT IS HEREBY ORDERED that the appeals by appellant County of Hawaii, cross-appellant Wayne Carvalho and crossappellant Francis DeMorales are dismissed for lack of appellate jurisdiction. DATED: Honolulu, Hawai#i, September 6, 2000. 3
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