*** NOT FOR PUBLICATION ***
NO. 26647
IN THE SUPREME COURT OF THE STATE OF HAWAI`I
PHYLLIS YUMIKO HANTA OKADA, Plaintiff-Appellee
vs.
HOWARD TAKAO OKADA, Defendant-Appellant
APPEAL FROM THE FAMILY COURT OF THE FIRST CIRCUIT
(FC-D NO. 03-1-2061)
ORDER DISMISSING APPEAL
(By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.)
Upon review of appellant's points of error on appeal and the record, it
appears that the family court did not fully and finally
divide and distribute all of the property over which it had
jurisdiction inasmuch as the family court left it to the parties to
divide their household furniture, furnishings and effects by directing
them to divide such property by mutual agreement or
by a lottery system within thirty days after entry of the June 1, 2004
divorce decree. Thus, the appeal of the June 1, 2004 divorce decree is
premature as to the division of property and we lack jurisdiction to
review the decree as to
the division of property. See Eaton v. Eaton, 7 Haw. App. 111, 119, 748 P.2d 801, 806 (1987). Therefore,
IT IS HEREBY ORDERED that this appeal is dismissed for lack of appellate jurisdiction.
DATED: Honolulu, Hawai`i, February 2, 2005.