The Bank of New York Mellon v. Lopez

• Court: Hawaii Supreme Court
• Decided: September 15, 2015
• Docket: SCWC-15-0000254
• Status: Published

Opinion

Electronically Filed Supreme Court SCWC-15-0000254 15-SEP-2015 07:50 AM

SCWC-15-0000254

IN THE SUPREME COURT OF THE STATE OF HAWAI#I

THE BANK OF NEW YORK MELLON FORMERLY KNOWN AS THE BANK OF NEW YORK AS SUCCESSOR TRUSTEE TO JP MORGAN CHASE BANK, NATIONAL ASSOCIATION AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF STRUCTURED ASSET MORTGAGE INVESTMENT II INC. BEAR STEARNS ALT-A TRUST, MORTGAGE PASS THROUGH CERTIFICATE SERIES 2006-2, Respondent/Plaintiff-Appellee,

vs.

MARCELO MAGNO LOPEZ, JR., Petitioner/Defendant-Appellant,

and

MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., SOLELY AS NOMINEE FOR PREFERRED FINANCIAL GROUP, INC. DBA PREFERRED MORTGAGE SERVICES and DOES 1 THROUGH 20, INCLUSIVE, Defendants-Appellees.

CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS (CAAP-15-0000254; CIV. NO. 10-1-0414)

ORDER DISMISSING APPLICATION FOR WRIT OF CERTIORARI (By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.)

On August 3, 2015, petitioner/defendant-appellant

Marcelo Magno Lopez, Jr. (“Lopez”) filed an application for writ

of certiorari to review the Intermediate Court of Appeals’ May

19, 2015 order dismissing his appeal. The application for writ

of certiorari was initially due on June 18, 2015. See HRS § 602- 59(c) (Supp. 2014); HRAP Rule 40.1(a)(1). Lopez, however, timely

requested and received an extension of time to file the

application for writ of certiorari, thereby extending the

deadline for filing the application for writ of certiorari an

additional thirty days, to July 20, 2015. See HRS § 602-59(c);

HRAP Rule 40.1(a)(3); HRAP Rule 26(a). Lopez filed his

application for writ of certiorari on August 3, 2015. The

application for writ of certiorari is untimely, and this court

lacks appellate jurisdiction. Accordingly,

IT IS HEREBY ORDERED that the application for writ of

certiorari is dismissed.

DATED: Honolulu, Hawai#i, September 15, 2015.

Marcelo Magno Lopez, Jr., /s/ Mark E. Recktenwald petitioner pro se /s/ Paula A. Nakayama

/s/ Sabrina S. McKenna

/s/ Richard W. Pollack

/s/ Michael D. Wilson