Opinion
SCWC-15-0000093
08-04-2015
PAT ROCCO, Petitioner/Plaintiff-Appellant, v. KALAPANA SEAVIEW ESTATES COMMUNITY ASSOCIATION, Respondent/Defendant-Appellee.
Pat Rocco petitioner pro se
CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS
(CAAP-15-0000093; CASE NO. 3RC-13-1-589)
ORDER DISMISSING WITHOUT PREJUDICE APPLICATION FOR WRIT OF CERTIORARI
()
Upon consideration of Petitioner/Plaintiff-Appellant Pat Rocco's Application for Writ of Certiorari filed on July 2, 2015, and the record, it appears that the Intermediate Court of Appeals has not issued a decision on the appeal to date, and therefore, Petitioner's request for certiorari review is premature. See HRS § 602-59(a) ("After issuance of the intermediate appellate court's judgment or dismissal order, a party may seek review of the intermediate appellate court's decision and judgment or dismissal order only by application to the supreme court for a writ of certiorari . . . ."); HRAP Rule 40.1(a)(1) ("A party may seek review of the intermediate court of appeals' decision by filing an application for a writ of certiorari in the supreme court. The application shall be filed within 30 days after the filing of the intermediate court of appeals' judgment on appeal or dismissal order . . . ."). Accordingly,
IT IS HEREBY ORDERED that the Application for Writ of Certiorari is dismissed without prejudice to re-filing a certiorari application as provided for under HRS § 602-59 and HRAP Rule 40.1.
DATED: Honolulu, Hawai'i, August 4, 2015. Pat Rocco petitioner pro se
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Sabrina S. McKenna
/s/ Richard W. Pollack
/s/ Michael D. Wilson