National Interstate Insurance Company, Inc. v. Reinhardt

• Court: Hawaii Supreme Court
• Decided: May 3, 2017
• Docket: SCWC-14-0001066
• Status: Published

Opinion

Electronically Filed Supreme Court SCWC-14-0001066 03-MAY-2017 07:54 AM

SCWC-14-0001066

IN THE SUPREME COURT OF THE STATE OF HAWAI'I

NATIONAL INTERSTATE INSURANCE COMPANY, INC.,

Respondent/Petitioner-Appellee,

vs.

SAVIO REINHARDT, WILLIAM CORNELIO, JR.,

Respondents/Defendants-Appellees,

and

KAWIKA FRANCO, Individually and as Personal Representative

for the Estate of TIARE FRANCO; PEACHES KONG and APPLES

ELABAN, as Next Friends of LOVELY FRANCO (Minor); TAUA

GLEASON, as Next Friend of KOLOMANA KONG KANIAUPIO GLEASON

and KAULANA KONG KANIAUPIO GLEASON (Minors); and

CHERYL RUSSELL, as Next Friend of JEANNE RUSSELL (Minor),

Petitioners/Defendants-Intervenors-Appellants.

CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS

(CAAP-14-0001066; CIVIL NO. 13-1-0387(1))

ORDER DISMISSING APPLICATION FOR WRIT OF CERTIORARI

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

It appearing that although the Intermediate Court of

Appeals (ICA) issued a Memorandum Opinion on March 31, 2017, the

judgment on appeal had not been filed by the ICA at the time the

application for writ of certiorari was 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/Defendants­

Intervenors-Appellants’ application for writ of certiorari, filed

April 27, 2017, is 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, May 3, 2017.

/s/ Mark E. Recktenwald

/s/ Paula A. Nakayama

/s/ Sabrina S. McKenna

/s/ Richard W. Pollack

/s/ Michael D. Wilson