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Bank of New York Mellon v. Johnson

Supreme Court of Hawaii

July 17, 2013

THE BANK OF NEW YORK MELLON fka THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS CWMBS, INC., CHL MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2006-12, Respondents/Plaintiffs-Appellees,
v.
ARNA LAHELA JOHNSON AND GERALYN LAPITAN CAMARILLO, Petitioners/Defendants-Appellants.

CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS (CAAP-12-0000446; CIVIL NO. 1RC10-1-10634)

R. Steven Geshell, for petitioners.

Nakayama, Acting C.J., Acoba, McKenna, and Pollack, JJ., and Circuit Judge Perkins, in place of Recktenwald, C.J., recused

AMENDED ORDER DISMISSING APPLICATION FOR WRIT OF CERTIORARI

It appearing that the judgment on appeal in the above-referenced matter not having been filed by the Intermediate Court of Appeals at the time the application for certiorari was filed, see Hawai'i Revised Statutes § 602-59 (a) (Supp. 2011); see also Hawai'i Rules of Appellate Procedure (HRAP) Rule 36(b)(1) (2012),

IT IS HEREBY ORDERED that Petitioners/Defendants-Appellants Arna Lahela Johnson and Geralyn Lapitan Camarillo's application for writ of certiorari, filed July 2, 2013, 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.") .


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