Rocco v. Kalapana Seaview Estates Community Association

Electronically Filed
Supreme Court
SCWC-15-0000093
04-AUG-2015
10:42 AM
SCWC-15-0000093
IN THE SUPREME COURT OF THE STATE OF HAWAI'I
PAT ROCCO,
Petitioner/Plaintiff-Appellant,
vs.
KALAPANA SEAVIEW ESTATES COMMUNITY ASSOCIATION,
Respondent/Defendant-Appellee.
CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS
(CAAP-15-0000093; CASE NO. 3RC-13-1-589)
ORDER DISMISSING WITHOUT PREJUDICE APPLICATION
FOR WRIT OF CERTIORARI
(By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.)
Upon consideration of Petitioner/Plaintiff-Appellant
Pat Rocco’s Application for Writ of Certiorari filed on July 2,
2015, and the record, it appears that the Intermediate Court of
Appeals has not issued a decision on the appeal to date, and
therefore, Petitioner’s request for certiorari review is
premature. See HRS § 602-59(a) (“After issuance of the
intermediate appellate court’s judgment or dismissal order, a
party may seek review of the intermediate appellate court’s
decision and judgment or dismissal order only by application to
the supreme court for a writ of certiorari . . . .”); HRAP Rule
40.1(a)(1) (“A party may seek review of the intermediate court of
appeals’ decision by filing an application for a writ of
certiorari in the supreme court. The application shall be filed
within 30 days after the filing of the intermediate court of
appeals’ judgment on appeal or dismissal order . . . .”).
Accordingly,
IT IS HEREBY ORDERED that the Application for Writ of
Certiorari is dismissed without prejudice to re-filing a
certiorari application as provided for under HRS § 602-59 and
HRAP Rule 40.1.
DATED: Honolulu, Hawai'i, August 4, 2015.
Pat Rocco
petitioner pro se
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Sabrina S. McKenna
/s/ Richard W. Pollack
/s/ Michael D. Wilson
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