Electronically Filed
Supreme Court
SCWC-14-0001298
26-SEP-2016
11:14 AM
SCWC-14-0001298
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
PATRICIA E. BREAULT OLIVEIRA,
Respondent/Plaintiff-Appellee,
vs.
DARRYL J. OLIVEIRA,
Petitioner/Defendant-Appellant.
CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS
(CAAP-14-0001298; FC-D NO. 09-1-000044)
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 19, 2016, 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 26, 2016.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Sabrina S. McKenna
/s/ Richard W. Pollack
/s/ Michael D. Wilson
2
Oliveira v. Oliveira
Combined Opinion