Buscher v. Boning
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*** NO T FO R PUBLICATION *** NO. 25734 IN THE SUPREME COURT OF THE STATE OF HAWAI#I ESTHER J. BUSCHER, Plaintiff-Appellee/Cross-Appellant vs. DUANE S. BONING, COMMERCE INSURANCE CO., AVIS RENT-A-CAR SYSTEM, INC., Defendants-Appellants/Cross-Appellees and CRAWFORD & CO., and STATE OF HAWAI#I, Defendants-Appellees and JOHN DOES 1-5, JANE DOES 1-5, DOE CORPORATIONS 1-5, ROE GOVERNMENTAL ENTITIES 1-5, Defendants and DUANE S. BONING, COMMERCE INSURANCE CO., AVIS RENT-A-CAR SYSTEM, INC., Third-Party Plaintiffs-Appellants vs. STANFORD H. MASUI, Third-Party Defendant-Appellee APPEAL FROM THE THIRD CIRCUIT COURT (CIV. NO. 99-0220K) ORDER DISMISSING APPEAL AND CROSS-APPEAL (By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.) Upon review of the record, it appears that the claims, counterclaims, cross-claims and third-party claims asserted in Civil No. 99-0220K were resolved by a series of orders and uncertified judgments, but the orders and the uncertified judgments were not reduced to a single judgment resolving all claims of all the parties. See HRCP 58; Jenkins v. Cades Schutte Fleming & Wright, 76 Hawai#i 115, 119-120, 869 P.2d 1334, 1338-39 (1994)(In a multiple-claim or multiple-party circuit court case *** NO T FO R PUBLICATION *** in which all claims of all the parties have been resolved, an appeal may be taken after entry of a judgment that, on its face, resolves all claims of all the parties.). Absent entry of a judgment resolving the claims, counterclaims, cross-claims and third-party claims asserted in Civil No. 99-0220K, the appeal from Civil No. 99-0220K is premature and we lack jurisdiction. Therefore, IT IS HEREBY ORDERED that this appeal and cross-appeal are dismissed for lack of appellate jurisdiction. DATED: Honolulu, Hawai#i, September 16, 2003. 2
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