Oberle v. Shoho
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NO. 24039 IN THE SUPREME COURT OF THE STATE OF HAWAI#I DOMINICK L. N. OBERLE, Plaintiff-Appellant vs. CLAYTON T. SHOHO, Defendant-Appellee and Doe Defendants 1-100, Defendants and CLAYTON T. SHOHO, Third-Party Plaintiff vs. MARIA MUNOZ, Third-Party Defendant APPEAL FROM THE FIRST CIRCUIT COURT (CIV. NO. 96-3968) ORDER DISMISSING APPEAL (By: Moon, C.J., Levinson, Nakayama, Ramil, and Acoba, JJ.) Upon review of the record, it appears that: (1) the judgment entered on October 11, 2000, which purports to be the final judgment in Civil No. 96-3968, does not enter judgment in favor of and against the parties on the plaintiff s complaint; see Jenkins v. Cades Schutte Fleming & Wright, 76 Hawai#i 115, 119-20, 869 P.2d 1334, 1338-39 (1994) (a judgment entered pursuant to HRCP 58 is not appealable unless it enters judgment in favor of and against the appropriate parties on the claim for which the judgment is entered); and thus, (2) this appeal is premature and we lack jurisdiction. Therefore, IT IS HEREBY ORDERED that this appeal is dismissed for lack of appellate jurisdiction. DATED: Honolulu, Hawai#i, May 1, 2001.
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