Rouse v. Walden

Opinion

Electronically Filed

Supreme Court

SCWC-XX-XXXXXXX

19-JUL-2018

08:29 AM

SCWC-XX-XXXXXXX

IN THE SUPREME COURT OF THE STATE OF HAWAII

LEON R. ROUSE, Petitioner/Plaintiff-Appellant, vs.

ANDREW R. WALDEN, Respondent/Defendant-Appellee.

CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS (CAAP-XX-XXXXXXX; CIVIL NO. 15-1-0995)

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 a writ of certiorari was filed, see Hawaii 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 Leon R. Rouse’s application for a writ of certiorari, filed on July 13, 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

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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, July 19, 2018.

/s/ Mark E. Recktenwald

/s/ Paula A. Nakayama

/s/ Sabrina S. McKenna

/s/ Richard W. Pollack

/s/ Michael D. Wilson