Abordo v. Department of Public Safety

• Court: Hawaii Supreme Court
• Decided: April 28, 2015
• Docket: SCWC-13-0001474
• Status: Published

Opinion

Electronically Filed Supreme Court SCWC-13-0001474 28-APR-2015 09:52 AM

SCWC-13-0001474

IN THE SUPREME COURT OF THE STATE OF HAWAI#I

EDMUND M. ABORDO, Petitioner/Plaintiff-Appellant,

vs.

DEPARTMENT OF PUBLIC SAFETY (DPS), SHARI KIMOTO, MAINLAND BRANCH ADMINISTRATOR, Respondent/Defendant-Appellee.

CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS (CAAP-13-0001474; CIVIL NO. 11-1-2228)

ORDER DISMISSING APPLICATION FOR WRIT OF CERTIORARI (By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.)

It appearing that the judgment on appeal in the above-

referenced matter not having been filed by the Intermediate Court

of Appeals at the time the application for writ of certiorari was

filed, see Hawai#i Revised Statutes § 602-59(a) (Supp. 2013); see

also Hawai#i Rules of Appellate Procedure (HRAP) Rule 36(b)(1)

(2012),

IT IS HEREBY ORDERED that Petitioner/Plaintiff-

Appellant’s application for writ of certiorari, filed

April 24, 2015, is dismissed without prejudice to re-filing the

application pursuant to HRAP Rule 40.1(a) (2014) (“The application shall be filed within thirty days after the filing of

the intermediate court of appeals’ judgment on appeal or

dismissal order, unless the time for filing the application is

extended in accordance with this rule.”).

DATED: Honolulu, Hawai#i, April 28, 2015.

Edmund M. Abordo /s/ Mark E. Recktenwald petitioner pro se /s/ Paula A. Nakayama

/s/ Sabrina S. McKenna

/s/ Richard W. Pollack

/s/ Michael D. Wilson