Botelho v. Atlas Recycling Center, LLC.

Electronically Filed
Supreme Court
SCWC-XX-XXXXXXX
11-DEC-2019
01:13 PM
SCWC-XX-XXXXXXX
IN THE SUPREME COURT OF THE STATE OF HAWAII
REGINALD BOTELHO, Petitioner/Claimant-Appellant,
vs.
ATLAS RECYCLING CENTER, LLC and
HAWAII EMPLOYERS’ MUTUAL INSURANCE COMPANY,
Respondents/Employer/Insurance Carrier/Appellees
and
SPECIAL COMPENSATION FUND, Respondent/Appellee.
CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS
(CAAP-XX-XXXXXXX; Case No. AB 2009-334(H)(S) (DCD No. 1-06-00818))
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)
(2017); see also Hawaii Rules of Appellate Procedure (HRAP) Rule
36(b)(1) (2016),
IT IS HEREBY ORDERED that Petitioner/Claimant-
Appellant’s application for writ of certiorari, received
December 5, 2019, is dismissed without prejudice to re-filing
the application pursuant to HRAP Rule 40.1(a) (2017) (“The
application shall be filed within 30 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, December 11, 2019.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Sabrina S. McKenna
/s/ Richard W. Pollack
/s/ Michael D. Wilson
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