*** NOT FOR PUBLICATION ***


NO. 26252


IN THE SUPREME COURT OF THE STATE OF HAWAI`I


DIPLOMAT TOURS AND TRAVEL INC., Plaintiff-Appellee


vs.


VERONICA B. LAZO, Defendant-Appellant


and


DELIA ENCARNACION ALUPAY dba PHIL USA TRAVEL & SERVICES,
Defendants

APPEAL FROM THE DISTRICT COURT OF THE FIRST CIRCUIT
(CIV. NO. 1RC03-1-3438)



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

Upon review of the record, it appears that Civil No. 1RC03-1-3438 has not been finally decided inasmuch as judgment has not been entered on the claim against defendant Delia Alupay. The October 27, 2003 judgment against defendant-appellant Veronica Lazo was not certified as a final judgment pursuant to DCRCP 54(b). Thus, the appeal of the October 27, 2003 judgment is premature and we lack jurisdiction. See HRS § 641-1(a); DCRCP 54(b). Therefore,

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

DATED: Honolulu, Hawai`i, March 2, 2004.