Electronically Filed
Supreme Court
SCWC-15-0000254
15-SEP-2015
07:50 AM
SCWC-15-0000254
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
THE BANK OF NEW YORK MELLON FORMERLY KNOWN AS THE BANK OF NEW
YORK AS SUCCESSOR TRUSTEE TO JP MORGAN CHASE BANK, NATIONAL
ASSOCIATION AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF STRUCTURED
ASSET MORTGAGE INVESTMENT II INC. BEAR STEARNS ALT-A TRUST,
MORTGAGE PASS THROUGH CERTIFICATE SERIES 2006-2,
Respondent/Plaintiff-Appellee,
vs.
MARCELO MAGNO LOPEZ, JR.,
Petitioner/Defendant-Appellant,
and
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., SOLELY AS NOMINEE
FOR PREFERRED FINANCIAL GROUP, INC. DBA PREFERRED MORTGAGE
SERVICES and DOES 1 THROUGH 20, INCLUSIVE,
Defendants-Appellees.
CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS
(CAAP-15-0000254; CIV. NO. 10-1-0414)
ORDER DISMISSING APPLICATION FOR WRIT OF CERTIORARI
(By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.)
On August 3, 2015, petitioner/defendant-appellant
Marcelo Magno Lopez, Jr. (“Lopez”) filed an application for writ
of certiorari to review the Intermediate Court of Appeals’ May
19, 2015 order dismissing his appeal. The application for writ
of certiorari was initially due on June 18, 2015. See HRS § 602-
59(c) (Supp. 2014); HRAP Rule 40.1(a)(1). Lopez, however, timely
requested and received an extension of time to file the
application for writ of certiorari, thereby extending the
deadline for filing the application for writ of certiorari an
additional thirty days, to July 20, 2015. See HRS § 602-59(c);
HRAP Rule 40.1(a)(3); HRAP Rule 26(a). Lopez filed his
application for writ of certiorari on August 3, 2015. The
application for writ of certiorari is untimely, and this court
lacks appellate jurisdiction. Accordingly,
IT IS HEREBY ORDERED that the application for writ of
certiorari is dismissed.
DATED: Honolulu, Hawai#i, September 15, 2015.
Marcelo Magno Lopez, Jr., /s/ Mark E. Recktenwald
petitioner pro se
/s/ Paula A. Nakayama
/s/ Sabrina S. McKenna
/s/ Richard W. Pollack
/s/ Michael D. Wilson
2