*** NOT FOR PUBLICATION ***
NO. 26279
IN THE SUPREME COURT OF THE STATE OF HAWAI`I
PATRICK JOHN FRISKEL, Plaintiff-Appellant
vs.
JENNY ANN FRISKEL, Defendant-Appellee
APPEAL FROM THE FAMILY COURT OF THE FIRST CIRCUIT
(FC-D. NO. 98-2174)
ORDER DISMISSING APPEAL
(By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.)
Upon review of the record, it appears that the family court's November
21, 2003 order did not end the proceedings on the
March 14, 2003 motion for post-decree relief inasmuch as the order did
not determine the issue of termination of child
support for the first child and did not recalculate the amount of child
support for the second child. Absent a determination
of these issues, the appeal of the November 21, 2003 order is
premature. See Familian Northwest Inc. v. Central
Pacific
Boiler & Piping, Ltd., 68 Haw. 368, 714 P.2d 936 (1986)(a
post-judgment order is an appealable final order under HRS §
641-1(a) if it finally ends the post-judgment proceeding, leaving
nothing further to be determined). Therefore,
IT IS HEREBY ORDERED that this appeal is dismissed for lack of
appellate jurisdiction.
DATED: Honolulu, Hawai`i, March 15, 2004.