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U.S.Bank National Association v. Association of Apartment Owners of Makaha Valley Plantation

Supreme Court of Hawaii

September 25, 2014

U.S.BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR STRUCTURED ASSET SECURITIES CORPORATION TRUST 2006-WF1, Petitioner/Plaintiff-Appellee,
v.
ASSOCIATION OF APARTMENT OWNERS OF MAKAHA VALLEY PLANTATION, Respondent/Defendant-Appellant, and JOHN ROBERT BAUTISTA; MAUREEN PALANGGOY BAUTISTA; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Respondents/Defendants-Appellees.

CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS (CAAP-12-0000036; CIV. NO. 09-1-2489).

Robert E. Chapmanand Mary Martin for petitioner.

Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.

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. 2013); see also Hawai'i 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, 2014, is dismissed without prejudice to re-filing the application pursuant to HRAP Rule 40.1(a) (2014) ("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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