Association of Apartment Owners of Royal Aloha v. Certified Management, Inc.

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