Smith v. Smith
This text of Smith v. Smith (Smith v. Smith) is published on Counsel Stack Legal Research, covering Hawaii Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Electronically Filed Supreme Court SCWC-13-0003520 22-SEP-2015 10:01 AM SCWC-13-0003520
IN THE SUPREME COURT OF THE STATE OF HAWAI'I
DIANE SMITH,
Respondent/Petitioner-Appellee,
vs.
JAMES R. SMITH,
Petitioner/Respondent-Appellant.
CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS
(CAAP-13-0003520; FC-DA NO. 13-1-0083)
ORDER DISMISSING APPLICATION FOR WRIT OF CERTIORARI
(By: Recktenwald, C.J., Nakayama, McKenna, Pollack and Wilson, JJ.)
Petitioner/Respondent-Appellant James R. Smith’s application for writ of certiorari filed on August 31, 2015, was filed more than thirty days after the filing of the ICA’s July 17, 2015, judgment on appeal. The application is untimely and thus, this courts lacks appellate jurisdiction. See Hawai'i Revised Statutes § 602-59(c) (Supp. 2011); Hawai'i Rules of Appellate Procedure Rule 40.1(a). Therefore, IT IS HEREBY ORDERED that the application for writ of
certiorari is dismissed.
DATED: Honolulu, Hawai'i, September 22, 2015.
James R. Smith, /s/ Mark E. Recktenwald
petitioner pro se
/s/ Paula A. Nakayama
/s/ Sabrina S. McKenna
/s/ Richard W. Pollack
/s/ Michael D. Wilson
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