Wells Fargo Bank v. Pasion

Opinion

Electronically Filed

Supreme Court

SCWC-12-0000657

30-JUL-2015

02:20 PM

SCWC-12-0000657

IN THE SUPREME COURT OF THE STATE OF HAWAI'I

WELLS FARGO BANK, N.A., AS TRUSTEE FOR STANWICH MORTGAGE LOAN TRUST, SERIES 2010-3 ASSET-BACKED PASS-THROUGH CERTIFICATES, Respondent/Plaintiff-Appellee,

vs.

LYLE PASION and JOANNA PASION, Petitioners/Defendants-Appellants.

CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS (CAAP-12-0000657; CIV. NO. 11-1-2749)

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 Petitioners/Defendants-

Appellants’ application for writ of certiorari, filed July 27,

2015, 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

2

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 30, 2015.

R. Steven Geshell /s/ Mark E. Recktenwald for petitioners /s/ Paula A. Nakayama

/s/ Sabrina S. McKenna

/s/ Richard W. Pollack

/s/ Michael D. Wilson