Association of Apartment Owners of Tropics at Waikele v. Sakuma

• Court: Hawaii Supreme Court
• Decided: September 22, 2015
• Docket: SCWC-12-0000870
• Status: Published

Opinion

Electronically Filed Supreme Court SCWC-12-0000870 22-SEP-2015 02:24 PM SCWC-12-0000870

IN THE SUPREME COURT OF THE STATE OF HAWAI'I

ASSOCIATION OF CONDOMINIUM HOMEOWNERS OF TROPICS AT WAIKELE,

by its Board of Directors, Respondent/Plaintiff-Appellee,

vs.

PATSY NAOMI SAKUMA, Petitioner/Defendant-Appellant,

and

FIRST HAWAIIAN BANK, a Hawai'i corporation; and

WAIKELE COMMUNITY ASSOCIATION, a Hawai'i nonprofit corporation,

Respondents/Defendants-Appellees.

CERITORARI TO THE INTERMEDIATE COURT OF APPEALS

(CAAP-12-0000870; CIV. NO. 07-1-1487)

ORDER DISMISSING APPLICATION FOR WRIT OF CERTIORARI

(By: Nakayama, Acting C.J., McKenna, Pollack, and Wilson, JJ.

and Circuit Judge Kubo, in place of Recktenwald, C.J, recused)

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 and

the amended application 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 Petitioner/Defendant­

Appellant’s application for writ of certiorari, filed

September 18, 2015, and the amended application for writ of

certiorari, filed September 21, 2015, are 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, September 22, 2015.

Pat N. Sakuma, /s/ Paula A. Nakayama petitioner pro se

/s/ Sabrina S. McKenna

/s/ Richard W. Pollack

/s/ Michael D. Wilson

/s/ Edward H. Kubo, Jr.