Yamano v. Navaja

Electronically Filed
Supreme Court
SCWC-XX-XXXXXXX
02-DEC-2021
02:59 PM
SCWC-XX-XXXXXXX Dkt. 3 ODSAC
IN THE SUPREME COURT OF THE STATE OF HAWAI‘I
YURIE YAMANO,
Petitioner/Plaintiff-Appellant,
vs.
JAMES J. NAVAJA,
Respondent/Defendant-Appellee.
CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS
(CAAP-XX-XXXXXXX; FC-CU NO. 18-1-6007)
ORDER DISMISSING APPLICATION FOR WRIT OF CERTIORARI
(By: Recktenwald, C.J., Nakayama, McKenna, Wilson, and Eddins,
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 Hawaiʻi Revised Statutes § 602-59(a)
(2017); see also Hawaiʻi Rules of Appellate Procedure (“HRAP”)
Rule 36(b)(1) (2016),
IT IS HEREBY ORDERED that Petitioner’s application for writ
of certiorari, filed December 1, 2021, 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, Hawaiʻi, December 2, 2021.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Sabrina S. McKenna
/s/ Michael D. Wilson
/s/ Todd W. Eddins
2