U.S. Bank National Association v. Association of Apartment Owners of Makaha Valley Plantation

• Court: Hawaii Supreme Court
• Decided: September 25, 2014
• Docket: SCWC-12-0000036
• Status: Published

Opinion

Electronically Filed Supreme Court SCWC-12-0000036 25-SEP-2014 08:16 AM

SCWC-12-0000036

IN THE SUPREME COURT OF THE STATE OF HAWAI'I

U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR

STRUCTURED ASSET SECURITIES CORPORATION TRUST 2006-WF1,

Petitioner/Plaintiff-Appellee,

vs.

ASSOCIATION OF APARTMENT OWNERS OF MAKAHA VALLEY PLANTATION,

Respondent/Defendant-Appellant,

and

JOHN ROBERT BAUTISTA; MAUREEN PALANGGOY BAUTISTA; MORTGAGE

ELECTRONIC REGISTRATION SYSTEMS, INC.,

Respondents/Defendants-Appellees.

CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS

(CAAP-12-0000036; CIV. NO. 09-1-2489)

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 certiorari was filed,

see Hawai'i Revised Statutes § 602-59(a) (Supp. 2013); see also

Hawai'i Rules of Appellate Procedure (HRAP) Rule 36(b)(1) (2012),

IT IS HEREBY ORDERED that Petitioner’s application for

writ of certiorari, filed September 22, 2014, 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, September 25, 2014.

Robert E. Chapman and Mary Martin /s/ Mark E. Recktenwald

for petitioner

/s/ Paula A. Nakayama

/s/ Sabrina S. McKenna

/s/ Richard W. Pollack

/s/ Michael D. Wilson