NO. 25082


IN THE SUPREME COURT OF THE STATE OF HAWAI`I



THE ESTATE OF

FRANCIS SING SZE TSANG, Deceased.


APPEAL FROM THE FIRST CIRCUIT COURT
(PROBATE NO. 00-1-0486)
 
 

ORDER DISMISSING APPEAL
(By: Moon, C.J., Levinson, Nakayama, Ramil, and Acoba, JJ.)


Upon review of the record, it appears that the May 1, 2002 judgment in P. No. 00-1-0486 (EEH), the Honorable Eden Elizabeth Hifo presiding, is not an appealable final judgment under HRS § 641-1(a) (1993), as it resolves only issues within the claims for relief that Petitioner-Appellee Wei Wei Shi asserted in her December 1, 2000 petition and her related December 6, 2000 claims for (1) exempt property, (2) a homestead allowance, and (3) a family allowance. Furthermore, the May 1, 2002 judgment is not certified for appeal pursuant to Rule 54(b) of the Hawai`i Rules of Civil Procedure (HRCP). See HRCP Rule 58; Jenkins v. Cades Schutte Fleming & Wright, 76 Hawai`i 115, 119, 869 P.2d 1334, 1338 (1994) ("[A]n appeal from any judgment will be dismissed as premature if the judgment does not, on its face, either resolve all claims against all parties or contain the finding necessary for certification under HRCP 54(b)."). Accordingly,

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

DATED: Honolulu, Hawai`i, December 12, 2002.