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Castro v. State

Intermediate Court of Appeals of Hawaii

June 26, 2013

CATHERINE I. CASTRO, Petitioner/Appellant-Appellant,
v.
STATE OF HAWAI'I, EMPLOYEES' RETIREMENT SYSTEM, DIANA Y. NHAM, Respondents/Appellees-Appellees

NOT FOR PUBLICATION IN WEST'S HAWAI'I REPORTS AND PACIFIC REPORTER

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CIVIL NO. 12-1-2175)

Nakamura, C.J., Foley and Reifurth, JJ.

ORDER DISMISSING APPEAL FOR LACK OF APPELLATE JURISDICTION

Upon review of the record on appeal, it appears that we lack jurisdiction over the secondary agency appeal by Petitioner-Appellant -Appellant Catherine I. Castro (Appellant).

The intermediate court of appeals has jurisdiction "[t]o hear and determine appeals from any court or agency when • appeals are allowed by law[.]n HRS § 602-57. (1) (Supp. 2011).' The law provides that "[a]ppeals shall be allowed in civil matters from all final judgments, orders, or decrees of circuit . . . courts[.]" HRS § 641-1(a) (1993 & Supp. 2011). Appeals under HRS § 641-1 "shall be taken in the manner . . . provided by the rules of court." HRS § 641-1 (c). Rule 58 of the Hawaii Rules of Civil Procedure (HRCP) requires that "[e]very judgment shall be set forth on a separate document." HRCP Rule 58. Based on this requirement under HRCP Rule 58, the Supreme Court of Hawaii has held that "[a]n appeal may be taken . . . only after the orders have been reduced to a judgment and the judgment has been entered in favor of and against the appropriate parties pursuant to HRCP [Rule] 58[.]" Jenkins v. Cades Schutte Fleming & Wright, 76 Hawaii 115, 119, 869 P.2d 1334, 1338 (1994). "Thus, based on Jenkins and HRCP Rule 58, an order is not appealable, even if it resolves all claims against the parties, until it has been reduced to a separate judgment." Carlisle v. One (1) Boat, 119 Hawaii 245, 254, 195 P.3d 1177, 1186 (2008). "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." Jenkins, 76 Hawaii 119, 869 P.2d 1338.

Appellant appealed from an Order Affirming Final. Decision of the Board of Trustees of the Employees' Retirement System of the State of Hawaii and Dismissing Appeal, filed on February 22, 2013.[1] The record on appeal does not contain a separate final judgment, as required by Jenkins.

Therefore,

IT IS HEREBY ORDERED that the appeal is dismissed for lack of appellate jurisdiction.


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