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Yoneji v. Yoneji

Intermediate Court of Appeals of Hawaii

December 18, 2013

NEIL YONEJI, Successor Trustee of the Mitsuo Yoneji Revocable Trust dated November 27, 1985 and NEIL YONEJI and CLAIRE YONEJI, individually and as Trustees of the Yoneji Revocable Family Trust Dated August 31, 1998, Plaintiffs-Appellants,
v.
CHARLENE YONEJI and MARY KAZUMI YONEJI, Defendants-Appellees, and John Does 1-10, Jane Does 1-10, Doe Partnerships, Corporations or Entities 1-20, Defendants

NOT FOR PUBLICATION IN WEST'S HAWAI'I REPORTS AND PACIFIC REPORTER

APPEAL FROM THE CIRCUIT COURT OF THE FIFTH CIRCUIT (CIVIL NO. 09-1-0282}

By: Nakamura, C.J., Fujise and Leonard, JJ.

ORDER DISMISSING APPEAL FOR LACK OF APPELLATE JURISDICTION

Upon review of the record on appeal, it appears that we do not have jurisdiction over this appeal that Plaintiffs/ Counterclaim-Defendants/Appellants Neil Yoneji and Claire Yoneji (the Yoneji Appellants) have asserted from the Honorable Kathleen N.A. Watanabe's May 1, 2013 judgment, because the May 1, 2013 judgment does not satisfy the requirements for an appealable final judgment under Hawaii Revised Statutes (HRS) 641-1(a) (1993 & Supp. 2012), Rules 54(b) and 58 of the Hawai'i Rules of Civil Procedure (HRCP) and the holding in Jenkins v. Cades Schutte Fleming & Wright, 76 Hawai'i 115, 119, 869 P.2d 1334, 1338 (1994) .

HRS § 641-1(a) authorizes appeals to the intermediate court of appeals from final judgments, orders, or decrees. Appeals under HRS § 641-1 "shall be taken in the manner . . . provided by the rules of court." HRS § 641-l(c). HRCP Rule 58 requires that "[e]very judgment shall be set forth on a separate document." Based on HRCP Rule 58, the Supreme Court of Hawai'i requires 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, 76 Hawai'i at 119, 869 P.2d at 1338. "Thus, based on Jenkins and HRCP Rule 58, an order is not appealable, even if it resolves all claims against ...


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