In re Protection of the Property of Elstner
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NO. 23284 IN THE SUPREME COURT OF THE STATE OF HAWAI#I IN THE MATTER OF THE PROTECTION OF THE PROPERTY OF ELIZABETH A. ELSTNER, Protected Person (G. NO. 97-0177) and IN THE MATTER OF THE RICHARD C. ELSTNER REVOCABLE LIVING TRUST DATED JUNE 16, 1992, AS AMENDED (TRUST NO. 99-0036) and IN THE MATTER OF THE ELIZABETH A. ELSTNER REVOCABLE LIVING TRUST DATED JUNE 16, 1992 (TRUST NO. 99-0037) APPEAL FROM THE FIRST CIRCUIT COURT (By: ORDER DISMISSING APPEAL Moon, C.J., Levinson, Nakayama, Ramil, and Acoba, JJ.) Upon review of the statements supporting and contesting jurisdiction and the record, it appears that: (1) the February 23, 2000 order finally determines the petitions filed in consolidated Guardianship No. 97-0117 and Trust Nos. 99-0036 and 99-0036 for termination of guardianship, for instructions and for approval of final accounts, but the proceedings in Trust Nos. 990036 and 99-0037 have not been finally completed; (2) absent certification of the February 23, 2000 order under HRCP 54(b) or entry of a final judgment closing the consolidated guardianship and trust administration cases, the appeal of the February 23, 2000 order is premature; HRS ยง 641-1(a); HPR 34(a) and (c); and thus, (3) we lack jurisdiction over this appeal. Accordingly, IT IS HEREBY ORDERED that this appeal is dismissed for lack of appellate jurisdiction. DATED: Honolulu, Hawai#i, July 20, 2000.
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