***
NOT FOR PUBLICATION ***
NO. 27034
IN THE
SUPREME COURT OF THE STATE OF HAWAI`I
CAROL
L. NEPAGE-FONTES, Petitioner-Appellant
vs.
JOHN
E. NEPAGE, Respondent-Appellee
APPEAL FROM THE FIRST CIRCUIT COURT
(TRUST NO.
00-1-0069)
ORDER
DISMISSING APPEAL
(By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.)
Upon review of the record, it appears that the November 29, 2004
judgment is not a final judgment closing Trust No. 00-1-0069 entered
pursuant to HPR 34(c) and no final judgment closing Trust No. 00-1-0069
has been entered. Absent
certification of the November 29, 2004 judgment and the May 16, 2002
judgment in the manner provided for by HRCP
54(b) or entry of a final judgment closing Trust No. 00-1-0069, the
appeal of the November 29, 2004
judgment and the May 16, 2002 judgment is premature and we lack
jurisdiction. See HPR
34(a), (c)
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, April 20, 2005.