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David L. Woodard v. Edward Tabanara and City and County of Honolulu

IN THE SUPREME COURT OF THE STATE OF HAWAII


November 22, 2011

DAVID L. WOODARD, PETITIONER/PLAINTIFF-APPELLANT,
v.
EDWARD TABANARA AND CITY AND COUNTY OF HONOLULU, RESPONDENTS/DEFENDANTS-APPELLEES.

CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS (ICA NO. 30096; CIV. NO. 08-1-0132)

Electronically Filed Supreme Court SCWC-30096 22-NOV-2011 09:45 AM

ORDER DISMISSING APPLICATION FOR WRIT OF CERTIORARI

(By: Recktenwald, C.J., Nakayama, Acoba, Duffy, JJ., and Circuit Judge To#oto#o, in place of McKenna, J., recused)

Petitioner/Plaintiff-Appellant David L. Woodard's application for writ of certiorari, filed on October 12, 2011, was filed more than ninety days after the filing of the ICA's July 13, 2011 judgment on appeal. The application is untimely and thus, this court lacks appellate jurisdiction. See HRS § 602-59(c) (Supp. 2010); HRAP Rule 40.1(a). Therefore,

IT IS HEREBY ORDERED that the application for writ of certiorari is dismissed.

/s/ Mark E. Recktenwald /s/ Paula A. Nakayama /s/ Simeon R. Acoba, Jr. /s/ James E. Duffy, Jr. /s/ Fa#auuga To#oto#o

20111122

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