Nguyen v. Yanagi

• Court: Hawaii Supreme Court
• Decided: April 13, 2018
• Docket: SCWC-15-0000030
• Status: Published

Opinion

Electronically Filed Supreme Court SCWC-15-0000030 13-APR-2018 12:19 PM

SCWC-15-0000030

IN THE SUPREME COURT OF THE STATE OF HAWAII ________________________________________________________________

TERI NGUYEN, Petitioner/Plaintiff-Appellant,

v.

LAUREL YANAGI, Respondent/Defendant-Appellee. ________________________________________________________________

CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS (CAAP-15-0000030; CASE NO. 3RC14-1-493K)

ORDER DISMISSING APPLICATION 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 the application for writ of

certiorari was filed, see Hawaii Revised Statutes § 602-59

(2016); see also Hawaii Rules of Appellate Procedure (“HRAP”)

Rule 36(b)(1) (2016),

IT IS HEREBY ORDERED that Petitioner/Plaintiff-

Appellant Teri Nguyen’s application for writ of certiorari,

filed on April 10, 2018, is dismissed without prejudice to re-

filing the application pursuant to HRAP Rule 40.1(a) (2016). (“The application shall be filed within 30 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, April 13, 2018.

/s/ Mark E. Recktenwald

/s/ Paula A. Nakayama

/s/ Sabrina S. McKenna

/s/ Richard W. Pollack

/s/ Michael D. Wilson