Tierney v. District Court of the First Circuit, Honolulu Division, State of Hawaii

Hawaii Supreme Court

Tierney v. District Court of the First Circuit, Honolulu Division, State of Hawaii

DecidedJanuary 14, 2013

DocketSCPW-12-0000979

StatusPublished

This text of Tierney v. District Court of the First Circuit, Honolulu Division, State of Hawaii (Tierney v. District Court of the First Circuit, Honolulu Division, State of Hawaii) 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.

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Tierney v. District Court of the First Circuit, Honolulu Division, State of Hawaii, (haw 2013).

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Electronically Filed Supreme Court SCPW-12-0000979 14-JAN-2013 02:04 PM

SCPW-12-0000979

IN THE SUPREME COURT OF THE STATE OF HAWAI#I

MICHAEL C. TIERNEY, Petitioner,

vs.

DISTRICT COURT OF THE FIRST CIRCUIT, HONOLULU DIVISION, STATE OF HAWAI#I, Respondents.

ORIGINAL PROCEEDING

ORDER DENYING MOTION FOR RECONSIDERATION (By: Recktenwald, C.J., Nakayama, Acoba, McKenna, and Pollack, JJ.)

Upon consideration of petitioner Michael C. Tierney’s motion for reconsideration of the December 17, 2012 order denying his petition for a writ of mandamus, which was electronically filed by the appellate clerk on January 4, 2013, IT IS HEREBY ORDERED that the motion for reconsideration is denied. As we stated in our December 17, 2012 order, the district court entered an order granting the State of Hawai#i’s request to nolle prosequi the case without prejudice on October 25, 2012. The case, therefore, has been dismissed without prejudice. DATED: Honolulu, Hawai#i, January 14, 2013. /s/ Mark E. Recktenwald /s/ Paula A. Nakayama /s/ Simeon R. Acoba, Jr. /s/ Sabrina S. McKenna /s/ Richard W. Pollack

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Electronically Filed Supreme Court SCPW-12-0000979 14-JAN-2013 02:04 PM

SCPW-12-0000979

IN THE SUPREME COURT OF THE STATE OF HAWAI#I

MICHAEL C. TIERNEY, Petitioner,

vs.

DISTRICT COURT OF THE FIRST CIRCUIT, HONOLULU DIVISION, STATE OF HAWAI#I, Respondents.

ORIGINAL PROCEEDING

ORDER DENYING MOTION FOR RECONSIDERATION (By: Recktenwald, C.J., Nakayama, Acoba, McKenna, and Pollack, JJ.)

Upon consideration of petitioner Michael C. Tierney’s motion for reconsideration of the December 17, 2012 order denying his petition for a writ of mandamus, which was electronically filed by the appellate clerk on January 4, 2013, IT IS HEREBY ORDERED that the motion for reconsideration is denied. As we stated in our December 17, 2012 order, the district court entered an order granting the State of Hawai#i’s request to nolle prosequi the case without prejudice on October 25, 2012. The case, therefore, has been dismissed without prejudice. DATED: Honolulu, Hawai#i, January 14, 2013. /s/ Mark E. Recktenwald /s/ Paula A. Nakayama /s/ Simeon R. Acoba, Jr. /s/ Sabrina S. McKenna /s/ Richard W. Pollack

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Tierney v. District Court of the First Circuit, Honolulu Division, State of Hawaii, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tierney-v-district-court-of-the-first-circuit-hono-haw-2013.