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*** NOT FOR PUBLICATION ***
NO. 26364 IN THE SUPREME COURT OF THE STATE OF HAWAI#I MICHAEL B. KELLY, Plaintiff-Appellant vs. ANGELA K. KELLY, Defendant-Appellee APPEAL FROM THE FAMILY COURT OF THE FIRST CIRCUIT (FC-D NO. 99-1554) ORDER DISMISSING APPEAL (By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.) Upon review of appellant's statement of jurisdiction, appellee's motion to dismiss appeal and the record, it appears that the December 29, 2003 order vacated the 1999 divorce decree entered in FC-D No. 99-1554 and left the case pending for further determination on the division of property. The December 29, 2003

order is an interlocutory order that is not appealable until entry of a new decree dissolving the parties' marriage and dividing property. See 12 Moore's Federal Practice,

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