Electronically Filed
Supreme Court
SCWC-12-0000036
25-SEP-2014
08:16 AM
SCWC-12-0000036
IN THE SUPREME COURT OF THE STATE OF HAWAI'I
U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR
STRUCTURED ASSET SECURITIES CORPORATION TRUST 2006-WF1,
Petitioner/Plaintiff-Appellee,
vs.
ASSOCIATION OF APARTMENT OWNERS OF MAKAHA VALLEY PLANTATION,
Respondent/Defendant-Appellant,
and
JOHN ROBERT BAUTISTA; MAUREEN PALANGGOY BAUTISTA; MORTGAGE
ELECTRONIC REGISTRATION SYSTEMS, INC.,
Respondents/Defendants-Appellees.
CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS
(CAAP-12-0000036; CIV. NO. 09-1-2489)
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 certiorari was filed,
see Hawai'i Revised Statutes § 602-59(a) (Supp. 2013); see also
Hawai'i Rules of Appellate Procedure (HRAP) Rule 36(b)(1) (2012),
IT IS HEREBY ORDERED that Petitioner’s application for
writ of certiorari, filed September 22, 2014, is dismissed
without prejudice to re-filing the application pursuant to HRAP
Rule 40.1(a) (2014) (“The application shall be filed within
thirty 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, September 25, 2014.
Robert E. Chapman
and Mary Martin
/s/ Mark E. Recktenwald
for petitioner
/s/ Paula A. Nakayama
/s/ Sabrina S. McKenna
/s/ Richard W. Pollack
/s/ Michael D. Wilson
2
U.S. Bank National Association v. Association of Apartment Owners of Makaha Valley Plantation
Combined Opinion