Electronically Filed
Supreme Court
SCWC-14-0001066
03-MAY-2017
07:54 AM
SCWC-14-0001066
IN THE SUPREME COURT OF THE STATE OF HAWAI'I
NATIONAL INTERSTATE INSURANCE COMPANY, INC.,
Respondent/Petitioner-Appellee,
vs.
SAVIO REINHARDT, WILLIAM CORNELIO, JR.,
Respondents/Defendants-Appellees,
and
KAWIKA FRANCO, Individually and as Personal Representative
for the Estate of TIARE FRANCO; PEACHES KONG and APPLES
ELABAN, as Next Friends of LOVELY FRANCO (Minor); TAUA
GLEASON, as Next Friend of KOLOMANA KONG KANIAUPIO GLEASON
and KAULANA KONG KANIAUPIO GLEASON (Minors); and
CHERYL RUSSELL, as Next Friend of JEANNE RUSSELL (Minor),
Petitioners/Defendants-Intervenors-Appellants.
CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS
(CAAP-14-0001066; CIVIL NO. 13-1-0387(1))
ORDER DISMISSING APPLICATION FOR WRIT OF CERTIORARI
(By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.)
It appearing that although the Intermediate Court of
Appeals (ICA) issued a Memorandum Opinion on March 31, 2017, the
judgment on appeal had not been filed by the ICA at the time the
application for writ of 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 Petitioners/Defendants
Intervenors-Appellants’ application for writ of certiorari, filed
April 27, 2017, 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, May 3, 2017.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Sabrina S. McKenna
/s/ Richard W. Pollack
/s/ Michael D. Wilson
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