Citibank ( 2015 )

Electronically Filed
Supreme Court
SCWC-12-0000723
20-OCT-2015
08:38 AM
SCWC-12-0000723
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
CITIBANK (SOUTH DAKOTA), N.A., Respondent/Plaintiff-Appellee,
vs.
DYLAN THEDE, Petitioner/Defendant-Appellant.
CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS
(CAAP-12-0000723; CIV. NO. 11-1-0115)
ORDER DISMISSING APPLICATION FOR WRIT OF CERTIORARI
(By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.)
Upon consideration of petitioner/defendant-appellant
Dylan Thede’s application for writ of certiorari, it appears that
Thede’s application was due on September 2, 2015, which was 30
days after the Intermediate Court of Appeals’ August 3, 2015
judgment. Hawai#i Revised Statutes (HRS) § 602-59(c) (Supp.
2014); Hawai#i Rules of Appellate Procedure (HRAP) Rule
40.1(a)(1) (2015). It further appears that Thede requested an
extension of time on September 4, 2015, which was untimely and
was appropriately denied. HRS § 602-59(c); HRAP Rule 40.1(a)(3).
Thede’s application was filed on October 2, 2015. The
application is untimely and thus, this court lacks appellate
jurisdiction. Therefore,
IT IS HEREBY ORDERED that the application for writ of
certiorari is dismissed.
DATED: Honolulu, Hawai#i, October 20, 2015.
Dylan Thede, /s/ Mark E. Recktenwald
petitioner pro se
/s/ Paula A. Nakayama
/s/ Sabrina S. McKenna
/s/ Richard W. Pollack
/s/ Michael D. Wilson
2