Rocco v. Kalapana Seaview Estates Community Association

Opinion

Electronically Filed

Supreme Court

SCWC-15-0000093

04-AUG-2015

10:42 AM

SCWC-15-0000093

IN THE SUPREME COURT OF THE STATE OF HAWAI'I

PAT ROCCO,

Petitioner/Plaintiff-Appellant,

vs.

KALAPANA SEAVIEW ESTATES COMMUNITY ASSOCIATION, Respondent/Defendant-Appellee.

CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS (CAAP-15-0000093; CASE NO. 3RC-13-1-589)

ORDER DISMISSING WITHOUT PREJUDICE APPLICATION FOR WRIT OF CERTIORARI

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

Upon consideration of Petitioner/Plaintiff-Appellant Pat Rocco’s Application for Writ of Certiorari filed on July 2,

2015, and the record, it appears that the Intermediate Court of

Appeals has not issued a decision on the appeal to date, and

therefore, Petitioner’s request for certiorari review is

premature. See HRS § 602-59(a) (“After issuance of the

intermediate appellate court’s judgment or dismissal order, a

party may seek review of the intermediate appellate court’s

decision and judgment or dismissal order only by application to

the supreme court for a writ of certiorari . . . .”); HRAP Rule

2

40.1(a)(1) (“A party may seek review of the intermediate court of

appeals’ decision by filing an application for a writ of

certiorari in the supreme court. The application shall be filed

within 30 days after the filing of the intermediate court of

appeals’ judgment on appeal or dismissal order . . . .”).

Accordingly,

IT IS HEREBY ORDERED that the Application for Writ of

Certiorari is dismissed without prejudice to re-filing a

certiorari application as provided for under HRS § 602-59 and

HRAP Rule 40.1.

DATED: Honolulu, Hawai'i, August 4, 2015.

Pat Rocco petitioner pro se /s/ Mark E. Recktenwald

/s/ Paula A. Nakayama

/s/ Sabrina S. McKenna

/s/ Richard W. Pollack

/s/ Michael D. Wilson