Ishimoto v. Tsuji

LAW LIBRARY

NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER
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UMEYO ISHIMOTO, et al., Plaintiffs-Appellees, v
et al., Defendants-Appellants

STANLEY R. TSUJI,
APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT

(CIVIL NO. 01-1-1488)
ORDER GRANTING MAY 18, 2010 MOTION
TO DISMISS APPEAL AND CROSS-APPERAL
Chief Judge, Fujise and Leonard, JJ.)
Plaintiffs/Counterclaim-

(By: Nakamura,
Upon review of (1)
Defendants/Appellees/Cross-Appellees Umeyo Ishimoto and Umeyo

Ishimoto Personal Representative of the Estate of Takeshi
May 18, 2010 motion to
and

Ishimoto's (the Ishimoto Appellees)
(2) the lack of any opposition thereto,
it appears that we lack jurisdiction over this

dismiss this appeal,
and Order

(3) the record,
appeal and cross-appeal from the Honorable Patrick W. Border's
Conclusions of Law,

Filed December 28,

2010 "Findings of Fact,

April 22,
Granting Motion for Partial Summary Judgme [nt]
(the Interlocutory Order), because the circuit court has
to a separate judgment,

2009"
not yet reduced the Interlocutory Order)
as Rule 58 of the Hawai‘i Rules of Civil Procedure (HRCP)

requires.
2009) authorizes appeals to the intermediate court of appeals
Appeals under HRS

Hawai'i Revised Statutes (HRS) § 641-1(a) (1993 & Supp.
or decrees.
provided by the rules

from final judgments, orders,
"Shall be taken in the manner
The supreme court has

§ 641-1
of the court." HRS § 641-1(c).
promulgated HRCP Rule 58, which specifically requires that
"Telvery judgment shall be set forth on a separate document."
Based on this requirement, the
only

(emphasis added).

HRCP Rule 58
supreme court has held that "[a]n appeal may be taken
after the orders have been reduced to a judgment and the judgment

has been entered in favor of and against the appropriate parties
Jenkins v. Cades Schutte Fleming

pursuant to HRCP [Rule] 58[.]"
NOT FOR PUBLICATION IN WEST'S HAWAI'I REPORTS AND PACIFIC REPORTER

& Wright, 76 Hawai‘i 115, 119, 869 P.2d 1334, 1338 (1994). The
separate judgment must "either resolve all claims against all
parties or contain the finding necessary for certification under
HRCP [Rule] 54(b)." Id. "An appeal from an order that is not
reduced to a judgment in favor or against the party by the time
the record is filed in the supreme court will be dismissed." Id.
at 120, 869 P.2d at 1339 (footnote omitted).

The Interlocutory Order) is not a judgment. Absent a
separate, appealable judgment, this appeal and cross-appeal are
premature and we lack appellate jurisdiction.

Therefore, IT IS HEREBY ORDERED that the Ishimoto
Appellees’ May 18, 2010 motion to dismiss Appeal No. 30381
granted. This appeal is dismissed for lack of appellate
jurisdiction.

DATED: Honolulu, Hawai‘i, June 15, 2010.

Chief Judge