Electronically Filed
Supreme Court
SCWC-16-0000590
29-SEP-2017
11:52 AM
SCWC-16-0000590
IN THE SUPREME COURT OF THE STATE OF HAWAIʻI
________________________________________________________________
STATE OF HAWAII, Respondent/Plaintiff-Appellee,
v.
RYAN K. STONE, Petitioner/Defendant-Appellant.
________________________________________________________________
CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS
(CAAP-16-0000590; CASE NO. 1DTA-15-04984)
ORDER DISMISSING APPLICATION FOR WRIT OF CERTIORARI
(By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.)
It appears that the Intermediate Court of Appeals had not
filed a judgment on appeal in the above-referenced matter at the
time the application for writ of certiorari was filed. See
Hawaiʻi Revised Statutes § 602-59(a) (Supp. 2013); see also
Hawaiʻi Rules of Appellate Procedure (HRAP) Rule 36(b)(1) (2012).
IT IS HEREBY ORDERED that Petitioner’s application for writ
of certiorari, filed September 22, 2017, is dismissed without
prejudice to re-filing the application pursuant to HRAP Rule
40.1(a) (2016) (“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, Hawaiʻi, September 29, 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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