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Chung v. City and County of Honolulu

Supreme Court of Hawaii

February 3, 2015

NELSON A. CHUNG, Petitioner/Claimant-Appellant,
v.
CITY AND COUNTY OF HONOLULU, DEPARTMENT OF PARKS AND RECREATION, Respondent/Employer-Appellee.

CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS (CAAP-11-0000763; CASE NO. AB 2008-558 (2-08-0407 9))

STEVEN GESHELL MARK E. RECKTENWALD 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 writ of 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/Claimant-Appellant's application for writ of certiorari, filed January 28, 2015, 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 ...


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