Paco v. Myers

Electronically Filed
Supreme Court
SCWC-XX-XXXXXXX
08-FEB-2019
01:43 PM
SCWC-XX-XXXXXXX
IN THE SUPREME COURT OF THE STATE OF HAWAII
NATHAN PACO,
Petitioner/Plaintiff-Appellant,
vs.
MARY K. MYERS, dba MARY K. MYERS, Ph.D.,
dba Mary Myers, Ph.D., INC., aka MARY MYERS, TRUST,
Respondent/Defendant-Appellee.
CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS
(CAAP-XX-XXXXXXX; CIV. NO. 16-1-0842)
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)
(2016); see also Hawaii Rules of Appellate Procedure (HRAP) Rule
36(b)(1) (2016),
IT IS HEREBY ORDERED that Petitioner’s application for
writ of certiorari, filed January 28, 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, February 8, 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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