In re Arbitration between Association of Apartment Owners of International Colony Club v. Deigert

• Court: Hawaii Supreme Court
• Decided: June 20, 2012
• Docket: SCWC-29827
• Status: Published

Opinion

Electronically Filed Supreme Court SCWC-29827 20-JUN-2012 12:19 PM

NO. SCWC-29827

IN THE SUPREME COURT OF THE STATE OF HAWAI'I

In the Matter of the Arbitration between

ASSOCIATION OF APARTMENT OWNERS OF INTERNATIONAL COLONY CLUB,

Respondent/Petitioner-Appellee,

vs.

DAN DEIGERT and EDITH DEIGERT, Individually and as Trustee of the

Edith M. Deigert Revocable Living Trust dated April 22, 2006,

Petitioners/Respondents-Appellants.

CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS

(ICA NO. 29827; SP. NO. 09-1-0011(3))

ORDER DISMISSING APPLICATION FOR WRIT OF CERTIORARI

(By: Recktenwald, C.J., Nakayama, Acoba, and McKenna, JJ.,

and Circuit Judge Crandall, assigned by reason of vacancy)

The application filed on May 10, 2012 by

Petitioners/Respondents-Appellants Dan Deigert and Edith Deigert,

Individually and as Trustee of the Edith M. Deigert Revocable

Living Trust dated April 22, 2006, was filed more than thirty

days after the filing of the February 10, 2012 judgment on appeal

filed by the Intermediate Court of Appeals. The application is

untimely and thus, this court lacks appellate jurisdiction. See

HRS § 602-59(c) (Supp. 2011); HRAP Rule 40.1(a). Therefore,

IT IS HEREBY ORDERED that the application for writ of

certiorari is dismissed.

DATED: Honolulu, Hawai'i, June 20, 2012.

Charles H. Brower, /s/ Mark E. Recktenwald

for petitioner

/s/ Paula A. Nakayama

John P. Manaut, and

Lindsay N. McAneeley, /s/ Simeon R. Acoba, Jr.

(Carlsmith Ball LLP)

for respondent /s/ Sabrina S. McKenna

(on Affirmative Claims)

/s/ Virginia L. Crandall

Jonathan L. Ortiz, and

Wade J. Katano

(Ortiz & Katano),

for respondent

(on Defense Claims)