Electronically Filed
Supreme Court
SCWC-16-0000315
02-SEP-2016
09:35 AM
SCWC-16-0000315
IN THE SUPREME COURT OF THE STATE OF HAWAI'I
LARRY BOSWORTH, Petitioner/Claimant-Appellant,
vs.
FOSS MARITIME COMPANY, Respondent/Employer-Appellee,
and
ACCLAIM RISK MANAGEMENT, Respondent/Insurance Carrier-Appellee.
CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS
(CAAP-16-0000315; AB 2014-352; DCD NO. 2-14-03204)
ORDER (1) ACCEPTING APPLICATION FOR WRIT OF CERTIORARI,
(2) VACATING THE ICA’S JULY 6, 2016 ORDER DISMISSING THE APPEAL,
(3) REMANDING THE CASE TO THE ICA, AND (4) DISMISSING THE
MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS
(By: Recktenwald, C.J., McKenna, Pollack, and Wilson, JJ.,
with Nakayama, J., dissenting)
On July 19, 2016, petitioner/claimant-appellant Larry
Bosworth filed an application for writ of certiorari and a motion
for leave to proceed in forma pauperis. Upon consideration of
the documents and record in this matter, it appears that
petitioner may not have been aware that his appeal was docketed
in the Intermediate Court of Appeals (“ICA”) and may not have
received a copy of the “Default of Record on Appeal (ND1),” filed
on June 6, 2016. Accordingly,
IT IS HEREBY ORDERED as follows:
(1) The application for writ of certiorari is
accepted. The ICA’s July 6, 2016 “Order Dismissing the Appeal
Pursuant to HRAP 11(b)(2), (c)(2)” is vacated and the appeal is
remanded to the ICA.
(2) The motion for leave to proceed in forma pauperis
is dismissed without prejudice to petitioner seeking relief in
the ICA, as appropriate.
(3) On or before September 30, 2016, petitioner shall
pay the required filing and docketing fees for the appeal or
obtain an order to proceed in forma pauperis in the appeal.
Failure to comply may result in the ICA dismissing the appeal.
(4) The appellate clerk shall serve a copy of this
order on petitioner at his last known mailing address provided in
the record of this case.
(5) Petitioner shall keep the court apprised in
writing of any changes in his mailing address.
DATED: Honolulu, Hawai'i, September 2, 2016.
/s/ Mark E. Recktenwald
/s/ Sabrina S. McKenna
/s/ Richard W. Pollack
/s/ Michael D. Wilson
2