January 7, 2013
STATE OF HAWAII,
CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS (CAAP-10-0000212; CR. NO. 08-1-0023)
Electronically Filed Supreme Court SCWC-10-0000212 07-JAN-2013
ORDER DISMISSING APPLICATION FOR WRIT OF CERTIORARI
(By: Recktenwald, C.J., Nakayama, Acoba, McKenna, and Pollack, JJ.)
It appearing that the judgment on appeal in the abovereferenced matter has not been entered by the Intermediate Court of Appeals, see Hawaii Revised Statutes § 602-59(a) (Supp. 2011); see also Hawaii Rules of Appellate Procedure (HRAP) Rule 36(b)(1) (2012),
IT IS HEREBY ORDERED that Petitioner/Defendant-
Appellant's application for writ of certiorari, filed December
27, 2012, is dismissed without prejudice to re-filing the application pursuant to HRAP Rule 40.1(a) (2012) ("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.").
/s/ Mark E. Recktenwald /s/ Paula A. Nakayama /s/ Simeon R. Acoba, Jr. /s/ Sabrina S. McKenna /s/ Richard W. Pollack
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