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Ruggles v. Klare

Supreme Court of Hawaii

March 14, 2014

MICHAEL DOYLE RUGGLES, REV. NANCY WAITE HARRIS, KENNETH V. MIYAMOTO-SLAUGHTER, WENDY TATUM, DAVID TATUM, and ROBERT S. MURRAY, Petitioners/Plaintiffs-Appellants,
v.
DOMINIC YAGONG, DONALD IKEDA, J. YOSHIMOTO, DENNIS ONISHI, FRED BLAS, BRITTANY SMART, BRENDA FORD, ANGEL PILAGO, and PETE HOFFMAN, current Hawai'i County Council members; JAY KIMURA, Hawai'i County Prosecutor; MITCHELL ROTH and CHARLENE IBOSHI, Deputy Prosecuting Attorneys; BILLY KENOI, Hawai'i County Chief of Police, KELLY GREENWELL, GUY ENRIQUES, and EMILY NAEOLE, previous Hawai'i County Council members, Respondents/Defendants-Appellees. and GEORGE HERMAN KLARE, BARBARA JEAN LANG, Respondents/Plaintiffs-Appellees, v.

CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS (CAAP-13-0000117; CIV. NO. 11-1-117)

Michael D. Ruggles, Rev. Nancy Waite Harris, Kenneth V. Miyamoto-Slaughter, Wendy Tatum, David Tatum, and Robert S. Murray, petitioners pro se

Recktenwald, C.J., Nakayama, McKenna, and Pollack, JJ. and Circuit Judge Crandall, assigned by reason of vacancy

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 Petitioners' "notice of appeal" was filed, see Hawai'i Revised Statutes § 602-59 (a)- (b) (Supp. 2013); see also Hawai'i Rules of Appellate Procedure (HRAP) Rule 36(b) (1) (2013),

IT IS HEREBY ORDERED that Petitioners' "notice of appeal" that was refiled in SCWC-13-0000117, on March 6, 2014, is dismissed without prejudice to re-filing the application pursuant to HRAP Rule 40.1(a) (2013) ("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.")[1]


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