In re M. Childen: BM

• Court: Hawaii Supreme Court
• Decided: June 21, 2012
• Docket: SCWC-11-0000153
• Status: Published

Opinion

Electronically Filed Supreme Court SCWC-11-0000153 NO. SCWC-11-0000153 21-JUN-2012 12:41 PM IN THE SUPREME COURT OF THE STATE OF HAWAI'I

IN THE INTEREST OF M. CHILDREN: BM

CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS

(ICA NO. CAAP-11-0000153; FC-S NO. 08-11988)

ORDER DISMISSING APPLICATION FOR WRIT OF CERTIORARI

(By: Recktenwald, C.J., Nakayama, J., Circuit Judge Del Rosario,

in place of McKenna, J., recused, and Circuit Judge Kim, assigned

by reason of vacancy, with Acoba, J., dissenting separately)

Petitioner/Appellant Mother’s application for writ of

certiorari, filed on May 8, 2012, was filed more than thirty days

after the filing of the ICA’s February 9, 2012 judgment on

appeal. 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 21, 2012.

Herbert Y. Hamada /s/ Mark E. Recktenwald for petitioner /s/ Paula A. Nakayama

Robert T. Nakatsuji,

Deputy Solicitor General, /s/ Dexter D. Del Rosario

for respondent

/s/ Glenn J. Kim