Association of Apartment Owners of Hololani v. Miller

• Court: Hawaii Supreme Court
• Decided: May 26, 2021
• Docket: SCWC-16-0000423
• Status: Published

Opinion

Electronically Filed Supreme Court SCWC-XX-XXXXXXX 26-MAY-2021 10:00 AM Dkt. 4 ODSAC

SCWC-XX-XXXXXXX

IN THE SUPREME COURT OF THE STATE OF HAWAII

ASSOCIATION OF APARTMENT OWNERS OF HOLOLANI, by its Board of Directors, Respondent/Plaintiff-Appellee,

vs.

LIZ MILLER and DAN MILLER, Petitioners/Defendants-Appellants.

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DANIEL P. MILLER and ELIZABETH A. MILLER, Petitioners/Counterclaimants-Appellants,

ASSOCIATION OF APARTMENT OWNERS OF HOLOLANI, a Hawai͑i nonprofit corporation, Respondent/Counterclaim Defendant-Appellee.

CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS (CAAP-XX-XXXXXXX; CIV. NO. 2CC061000249(3))

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

It appearing that the judgment on appeal in the above-

referenced matters 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) (2017); see also Hawaii Rules of Appellate Procedure (HRAP) Rule

36(b)(1) (2016),

IT IS HEREBY ORDERED that Petitioners’ application for

writ of certiorari, filed on May 24, 2021, is dismissed without

prejudice to re-filing the application pursuant to HRAP Rule

40.1(a) (2017). (AThe 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, May 26, 2021.

/s/ Mark E. Recktenwald

/s/ Paula A. Nakayama

/s/ Sabrina S. McKenna

/s/ Michael D. Wilson

/s/ Todd W. Eddins