Awai-Tavares v. State, Department of Education

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*** NOT FOR PUBLICATION *** NO. 26740 IN THE SUPREME COURT OF THE STATE OF HAWAI#I LYNN AWAI-TAVARES, Individually and as next friend to CODY TAVARES, a minor, Plaintiffs-Appellants vs. STATE OF HAWAI#I, DEPARTMENT OF EDUCATION, Defendant-Appellee and JOHN DOES 1-10; JANE DOES 1-10; DOE PARTNERSHIPS 1-10, and DOE GOVERNMENTAL AGENCIES 1-10 inclusive, Defendants APPEAL FROM THE SECOND CIRCUIT COURT (CIV. NO. 99-0778) ORDER DISMISSING APPEAL (By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.) Upon consideration of appellee s motion to dismiss appeal, the papers in support and the record, it appears that the circuit court s May 28, 2004 decision was not reduced to a separate judgment pursuant to HRCP 58 by the time the record was filed in the supreme court on October 1, 2004. See Jenkins v. Cades Schutte Fleming & Wright, 76 Hawai#i 115, 119-120, 869 P.2d 1334, 1338-39 (1994). The July 6, 2004 Notice of Entry of Judgment is a notice entered pursuant to HRCP 77(d) and is not a separate judgment entered pursuant to HRCP 58. is premature and we lack jurisdiction. Thus, this appeal Therefore, *** NOT FOR PUBLICATION *** IT IS HEREBY ORDERED that this appeal is dismissed for lack of appellate jurisdiction. Dated: Honolulu, Hawai#i, November 5, 2004. 2

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