Association of Apartment Owners of Royal Aloha v. Certified Management, Inc.
This text of Association of Apartment Owners of Royal Aloha v. Certified Management, Inc. (Association of Apartment Owners of Royal Aloha v. Certified Management, Inc.) is published on Counsel Stack Legal Research, covering Hawaii Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Electronically Filed Supreme Court SCWC-15-0000445 03-AUG-2016 09:41 AM SCWC-15-0000445
IN THE SUPREME COURT OF THE STATE OF HAWAI'I
ASSOCIATION OF APARTMENT OWNERS OF ROYAL ALOHA, a Hawai'i non-profit corporation, Respondent/Plaintiff-Appellant,
vs.
CERTIFIED MANAGEMENT, INC., a Hawai'i corporation;
CHANEY BROOKS & COMPANY, LLC, a Hawai'i corporation;
MICHAEL DAVID BRUSER, an individual; TOKYO JOE’S, INC.,
a Hawai'i corporation; MICHAEL T. MCCORMACK, individually and as
Trustee under that certain unrecorded Michael T. McCormack
Revocable Living Trust Agreement dated November 12,l99l;
MICHAEL T. MCCORMACK and SIGNA S. MCCORMACK, as Co-Trustees of
The McCormack Ranch Trust dated January 6, 2005;
Petitioners/Defendants-Appellees.
CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS
(CAAP-15-0000445; CIV. NO. 12-1-1019)
ORDER DISMISSING APPLICATIONS 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 Petitioners’ and Respondent’s applications
for writ of certiorari were 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 Petitioners’ July 21, 2016
application for writ of certiorari and Respondent’s July 28, 2016
application for writ of certiorari, are dismissed without
prejudice to re-filing the applications 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, August 3, 2016.
John D. Zalewski, /s/ Mark E. Recktenwald Mark Valencia, James H.Q. Lee, Thomas J. Wong, and /s/ Paula A. Nakayama Yuriko J. Sugimura for petitioners /s/ Sabrina S. McKenna
Matt A. Tsukazaki /s/ Richard W. Pollack for respondent /s/ Michael D. Wilson
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