In re Protection of the Property of Elstner

NO. 23284

IN THE SUPREME COURT OF THE STATE OF HAWAII

IN THE MATTER OF THE PROTECTION OF THE

PROPERTY OF ELIZABETH A. ELSTNER, Protected Person

(G. NO. 97-0177)

and

IN THE MATTER OF THE RICHARD C. ELSTNER

REVOCABLE LIVING TRUST DATED JUNE 16, 1992, AS AMENDED

(TRUST NO. 99-0036)

and

IN THE MATTER OF THE ELIZABETH A. ELSTNER

REVOCABLE LIVING TRUST DATED JUNE 16, 1992

(TRUST NO. 99-0037)

APPEAL FROM THE FIRST CIRCUIT COURT

ORDER DISMISSING APPEAL

(By: Moon, C.J., Levinson, Nakayama,

Ramil, and Acoba, JJ.)

Upon review of the statements supporting and contesting jurisdiction and the record, it appears that: (1) the February 23, 2000 order finally determines the petitions filed in consolidated Guardianship No. 97-0117 and Trust Nos. 99-0036 and 99-0036 for termination of guardianship, for instructions and for approval of final accounts, but the proceedings in Trust Nos. 99-0036 and 99-0037 have not been finally completed; (2) absent certification of the February 23, 2000 order under HRCP 54(b) or entry of a final judgment closing the consolidated guardianship and trust administration cases, the appeal of the February 23, 2000 order is premature; HRS § 641-1(a); HPR 34(a) and (c); and thus, (3) we lack jurisdiction over this appeal. Accordingly,

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

DATED: Honolulu, Hawaii, July 20, 2000.