McCully Associates v. Marn

NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER ’

NO. 30338

IN THE INTERMEDIATE C<JUR': oF APPEALS §§?D

OF THE STATE OF HAWAfI

MCCULLY ASSOCIATES, a registered Hawaii limited
' Plaintiff-Appellee,

V.

BEATRICE YE MARN, et al., Defendants-Appellants

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT
(CIVIL NO. 07-l-O565)

ORDER DISMISSING APPEAL FOR LACK OF JURISDICTION
(By: Nakamura, Chief Judge, Fujise and Leonard, JJ.)

Upon review of Defendant-Appellant Alexander Y. Marn's

(Appellant Marn) appeal from the Honorable Rhonda A. Nishimura's

January l4, 2010 judgment, it appears that we lack jurisdiction

over Appellant Marn's appeal because the January 14, 2010
judgment does not satisfy the requirements for an appealable
final judgment under Rule 58 of the Hawafi Rules of Civil

Procedure (HRCP) and the holding in Jenkins v. Cades Schutte

Fleming & Wright, 76 Hawafi ll5, ll9, 869 P.2d l334, 1338

(l994).

HaWaFi Revised Statutes (HRS) § 641-l(a) (1993 & Supp.
2009) authorizes appeals from final judgments, orders, or

decrees. Appeals under HRS § 641-1 "shall be taken in the manner

provided by the rules of the court." HRS § 641-1(c).

"Every judgment shall be set forth on a separate document."

HRCP Rule 58. The Supreme Court of HawaFi has held that "[a]n

appeal may be taken only after the orders have been reduced

NOT FOR PUBLICATI(.)N IN WEST'S HAWAI‘I REPORTS AND PAClFIC REPORTER
to a judgment and the judgment has been entered in favor of and
against the appropriate parties pursuant to HRCP [Rule] 58[.]"

Jenkins, 76 Hawai‘i at 119, 369 P.2d at 1338.

[I]f a judgment purports to be the final judgment in a case
involving multiple claims or multiple parties, the judgment
(a) must specifically identify the party or parties for and
against whom the judgment is entered, and (b) must §i}
identify the claims for which it is entered, and (ii)
dismiss any claims not specifically identified[.]

Id. (emphases added).

For example: "Pursuant to the jury verdict entered on
jdate), judgment in the amount of $ is hereby entered in
favor of Plaintiff X and against Defendant Y upon counts I
through IV of the complaint." A statement that declares
"there are no other outstanding claims" is not a judgment.
If the circuit court intends that claims other than those
listed in the judgment language should be dismissed, it must
say so: for example, "Defendant Y's counterclaim is
dismissed," or "Judgment upon Defendant Y's counterclaim is
entered in favor of Plaintiff/Counter-Defendant Z," or "all
other claims, counterclaims, and cross-claims are
dismissed."

lQg at 119-20 n.4, 869 P.2d at 1338-39 n.4 (emphasis added). "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." lQg at 120, 869 P.2d at 1339
(footnote omitted). 1
Although this case involves multiple parties and

multiple claims, the January 14, 2010 judgment does not
specifically identify the claims on which judgment is entered.
For example, although Plaintiff-Appellee McCully Associates’
complaint asserted three distinct and separate counts, the
January 14, 2010 judgment does not specifically identify which of
the three counts, if any, the circuit court intends to enter
judgment on. Instead, the January 14, 2010 judgment lists
numerous previous orders and then vaguely declares "that Final
Judgment is hereby entered as to the above-referenced Orders."

Conseguently, the January 14, 2010 judgment does not satisfy the

_2_

NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER
requirements for an appealable judgment under HRCP Rule 58 and
the holding in Jenkins. Absent the entry of an appealable final

judgment, we lack appellate jurisdiction in Appeal No. 30338.

Accordingly,

IT IS HEREBY ORDERED this appeal is dismissed for lack

of appellate jurisdiction.

DATED: Honolulu, HawaiU, June 28, 20lO.

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Chief Judge

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Associate Judge

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