Chung v. City and County of Honolulu, Department of Parks and Recreation ( 2015 )

Electronically Filed
Supreme Court
SCWC-11-0000763
03-FEB-2015
01:53 PM
SCWC-11-0000763
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
NELSON A. CHUNG, Petitioner/Claimant-Appellant,
vs.
CITY AND COUNTY OF HONOLULU, DEPARTMENT OF PARKS AND RECREATION,
Respondent/Employer-Appellee.
CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS
(CAAP-11-0000763; CASE NO. AB 2008-558 (2-08-04079))
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(a) (Supp. 2013); see
also Hawai#i Rules of Appellate Procedure (HRAP) Rule 36(b)(1)
(2012),
IT IS HEREBY ORDERED that Petitioner/Claimant-
Appellant’s application for writ of certiorari, filed
January 28, 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 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, February 3, 2015.
R. Steven Geshell /s/ Mark E. Recktenwald
for petitioner
/s/ Paula A. Nakayama
/s/ Sabrina S. McKenna
/s/ Richard W. Pollack
/s/ Michael W. Wilson
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