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NOT FOR PUBLICATION ***
NO. 26765
IN THE SUPREME COURT OF THE STATE OF HAWAI`I
THE
ESTATE OF HELEN KALITIS CHUM, DECEASED
APPEAL FROM THE FIRST CIRCUIT COURT
(PROBATE NO.
03-1-0019)
ORDER
DISMISSING APPEAL
(By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.)
Upon review of the
record, it appears that the July 22, 2004 order disposing of the
petition regarding ownership of property
fully addressed all claims raised in the petition to which it relates,
but did not finally end the proceeding in Probate No. 03-1-0019. The
July 22, 2004 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 July
22, 2004 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, December 9, 2004.