The Trustees of the Estate of Bernice Pauahi Bishop v. Au

• Court: Hawaii Supreme Court
• Decided: July 21, 2017
• Docket: SCWC-15-0000466
• Status: Published

Opinion

Electronically Filed Supreme Court SCWC-15-0000466 21-JUL-2017 10:21 AM

SCWC-15-0000466

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

THE TRUSTEES OF THE ESTATE OF BERNICE PAUAHI BISHOP, ALSO KNOWN AS KAMEHAMEHA SCHOOLS, Respondents/Plaintiffs-Counterclaim Defendants/Appellees,

v.

RONALD G.S. AU, Petitioner/Defendant-Counterclaimant/Appellant ________________________________________________________________

CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS (CAAP-15-0000466; CIVIL NO. 13-1-0420-02)

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

(Supp. 2013); see also Hawaii Rules of Appellate Procedure

(“HRAP”) Rule 36(b)(1) (2012),

IT IS HEREBY ORDERED that Petitioner/Defendant-

Counterclaimant/Appellant’s application for writ of certiorari,

filed on July 12, 2017, is dismissed without prejudice to re- filing the application pursuant to HRAP Rule 40.1(a) (2014).

(“The application shall be filed within thirty 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, July 21, 2017.

/s/ Mark E. Recktenwald

/s/ Paula A. Nakayama

/s/ Sabrina S. McKenna

/s/ Richard W. Pollack

/s/ Michael D. Wilson