Electronically Filed
Supreme Court
SCWC-30694
12-JUL-2013
01:54 PM
SCWC-30694
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
AOAO QUEEN EMMA GARDENS and TOUCHSTONE PROPERTIES, LTD.,
Respondents/Appellants-Respondents/Appellees,
vs.
TOMMY WAI HUNG MA and SINDY YEE MA,
Petitioners/Appellees-Petitioners/Appellants,
and
OFFICE OF ADMINISTRATIVE HEARINGS,
CONDOMINIUM DISPUTE RESOLUTION PILOT PROGRAM,
DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS,
STATE OF HAWAI#I,
Respondents/Appellees/Appellees.
CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS
(ICA NO. 30694; CIVIL NO. 09-1-1257)
ORDER DISMISSING APPLICATION FOR WRIT OF CERTIORARI
(By: Recktenwald, C.J., Nakayama, Acoba, McKenna, and Pollack, JJ.)
Upon review of the record, it appears that: (1) prior
to the issuance of the judgment on appeal, Plaintiffs/Appellees/
Petitioners-Appellants Tommy Wai Hung Ma and Sindy Yee Ma
(Petitioners) filed an Application for Writ of Certiorari to the
Hawai#i Supreme Court or Alternatively for Transfer (Hawai#i Rules
of Appellate Procedure (HRAP) Rule 40.1, 40.2) challenging the
denial of attorneys’ fees; (2) after the issuance of the judgment
on appeal, Petitioners requested, and the appellate clerk
entered, a thirty-day extension of time to file an application
for a writ of certiorari; (3) Petitioners should raise all issues
related to this case, including the denial of attorneys’ fees, in
a single application for writ of certiorari; and (4) the
application for transfer is untimely. Therefore,
IT IS HEREBY ORDERED that the Application for Writ of
Certiorari to the Hawai#i Supreme Court or Alternatively for
Transfer (HRAP Rule 40.1, 40.2) is dismissed. This dismissal is
without prejudice to Petitioners filing, within the time provided
by the June 17, 2013 clerk’s extension, an application for a writ
of certiorari, which may include the points presented in the
dismissed application.
DATED: Honolulu, Hawai#i, July 12, 2013.
Stephen M. Shaw, /s/ Mark E. Recktenwald
for petitioners
/s/ Paula A. Nakayama
Keith K. Hiraoka,
Shannon L. Wack, /s/ Simeon R. Acoba, Jr.
Jodie D. Roeca,
for respondents /s/ Sabrina S. McKenna
AOAO Queen Emma
Gardens and Touchstone /s/ Richard W. Pollack
Properties, Ltd.
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