Electronically Filed 

Supreme Court 

SCWC-11-0000613 

09-APR-2012 

01:32 PM 

NO. SCWC-11-0000613
 

IN THE SUPREME COURT OF THE STATE OF HAWAI'I
 

ARYN NAKAOKA, individually and on behalf


of all others similarly situated,


Petitioner/Plaintiff-Appellee/Cross-Appellant,
 

vs.
 

HILTON HAWAIIAN VILLAGE, LLC, dba HILTON HAWAIIAN VILLAGE


BEACH RESORT AND SPA,


Respondent/Defendant-Appellant/Cross-Appellee.
 

CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS
 

(CIVIL NO. 08-1-2512-12)
 

ORDER ACCEPTING APPLICATION FOR WRIT OF CERTIORARI AND
 

AFFIRMING ORDER DISMISSING APPEAL FOR LACK OF JURISDICTION
 

(By: Recktenwald, C.J., Nakayama, Acoba, and McKenna, JJ. and


Circuit Judge Trader, in place of Duffy, J., recused)
 

Petitioner/plaintiff-appellee/cross-appellant Aryn
 

Nakaoka filed an application for writ of certiorari on February
 

27, 2012 to review the ICA’s January 27, 2012 order dismissing
 

petitioner’s cross-appeal for lack of appellate jurisdiction. 


Petitioner cross-appealed from the June 2, 2011 Final Judgment
 

entered in Civil No. 08-1-2512-12, but the ICA dismissed the
 

cross-appeal for lack of jurisdiction upon concluding that the
 

cross-appeal was untimely. We conclude that the ICA lacked 


jurisdiction because the cross-appeal was premature, not
 
untimely.
 

Petitioner’s circuit court complaint in Civil No. 08-1­

2512-12 asserted claims for “unfair or deceptive acts or
 

practices in the conduct of a trade or commerce and/or unfair
 

methods of competition.” The claim for unfair methods of
 

competition was resolved in favor of the defendant by an October
 

20, 2010 summary judgment order. The claim for unfair or
 

deceptive practices was resolved in favor of petitioner by a July
 

7, 2011 summary judgment order on liability, a February 2, 2011
 

jury verdict on damages, and the June 2, 2011 Final Judgment. 


The June 2, 2011 judgment entered judgment “in favor of
 

[petitioner] and against [the defendant] in the amount of
 

$337,435.32[.]” The judgment did not identify the claim -­

unfair or deceptive practices -- for which the judgment was
 

entered, nor did it enter judgment in favor of the defendant on
 

claim for unfair methods of competition. The judgment, which
 

purported to be the final judgment in Civil No. 08-1-2512-12, was
 

not an appealable final judgment pursuant to HRCP 58 and Jenkins
 

v. Cades Schutte Fleming & Wright, 76 Hawai'i 115, 119, 869 P.2d 

1334, 1338 (1994) (in a multiple claim circuit court action, the 

judgment entered pursuant to HRCP 58 must identify the claims for 

which the judgment is entered and must, on its face, show 

finality as to all claims). Petitioner’s cross-appeal from the 

June 2, 2011 Final Judgment was premature and the ICA lacked 

appellate jurisdiction. Therefore, 

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IT IS HEREBY ORDERED that: (1) the application for writ
 

of certiorari, filed on February 27, 2012, is accepted and (2)
 

the ICA’s January 27, 2012 order dismissing the cross-appeal for
 

lack of jurisdiction is affirmed for the reason that the cross-


appeal was premature.
 

DATED: Honolulu, Hawai'i, April 9, 2012. 

/s/ Mark E. Recktenwald
 

/s/ Paula A. Nakayama
 

/s/ Simeon R. Acoba, Jr.
 

/s/ Sabrina S. McKenna
 

/s/ Rom A. Trader
 

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