*** NOT FOR PUBLICATION ***

NO. 25652


IN THE SUPREME COURT OF THE STATE OF HAWAI`I



THE ESTATE OF BRENT MATTHEW RUSNAK, Deceased.


APPEAL FROM THE FIRST CIRCUIT COURT
(PROBATE NO. 02-1-0454)


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

Upon review of the record, it appears that the November 12, 2002 order granting the petition for appointment of special administratrix, the Honorable Colleen K. Hirai, presiding, fully addressed all claims raised in the petition to which it related, but did not finally end the proceeding in Probate No. 02-1-0454. The November 12, 2002 order was not certified for appeal in the manner provided for by HRCP 54(b) and was not reduced to a separate certified judgment. Absent such certification and entry of a certified judgment, the appeal of the November 12, 2002 order is premature and we lack jurisdiction. See HPR 34(a) and (d); HRS § 641-1(a). Therefore,

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

DATED: Honolulu, Hawai`i, September 17, 2003.