Bennett v. Giacomo

Full title: MARK J. BENNETT, Attorney General of the State of Hawai'i…

Court: Supreme Court of Hawaii

Date published: Apr 13, 2010

Nos. 29989, 29973 (Haw. Apr. 13, 2010)

Opinion

Nos. 29989, 29973

April 13, 2010.

CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS (S.P. No. 09-1-0208)

ORDER DISMISSING APPLICATION FOR WRIT OF CERTIORARI

By; MOON, C.J., for the court.[fn1] [fn1] Considered by: Moon, C.J., Nakayama, Acoba, and Duffy, JJ., and Circuit Judge Sakamoto, in place of Recktenwald, J., recused.

Petitioner/respondent-appellant Frank De Giacomo's application for writ of certiorari, filed on March 22, 2010, was filed more than ninety days after the filing of the ICA's December 11, 2009 order of dismissal. The application is untimely. See HRS § 602-59(c) (Supp. 2009). Therefore,

IT IS HEREBY ORDERED that the application for writ of certiorari is dismissed.