Electronically Filed
Supreme Court
SCWC-30507
05-MAR-2012
02:38 PM
NO. SCWC-30507
IN THE SUPREME COURT OF THE STATE OF HAWAI'I
STATE OF HAWAI'I, Respondent/Plaintiff-Appellee,
vs.
DAVID SCRIVNER, Petitioner/Defendant-Appellant.
CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS
(ICA NO. 30507; S.P.P. 07-1-00032)
ORDER DISMISSING APPLICATION FOR WRIT OF CERTIORARI
(By: Recktenwald, C.J., Nakayama,
Acoba, Duffy, and McKenna, JJ.)
It appearing that the judgment on appeal in the above-
referenced matter has not been entered by the Intermediate Court
of Appeals, see Hawai'i Revised Statutes § 602-59(a) (Supp.
2008); see also Hawai'i Rules of Appellate Procedure (HRAP) Rule
36(b)(1) (2008),
IT IS HEREBY ORDERED that Petitioner/Defendant
Appellant’s application for writ of certiorari, filed February
28, 2012, is dismissed without prejudice to re-filing the
application pursuant to HRAP Rule 40.1(a) (“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, March 5, 2012.
Walter J. Rodby, /s/ Mark E. Recktenwald
for petitioner/
defendant-appellant, /s/ Paula A. Nakayama
on the application.
/s/ Simeon R. Acoba, Jr.
/s/ James E. Duffy, Jr.
/s/ Sabrina S. McKenna