Opinion
SCWC-13-0005313
08-26-2015
SCOTT B. SMITH, Petitioner/Petitioner-Appellant, v. STATE OF HAWAI'I, Respondent/Respondent-Appellee.
Scott B. Smith petitioner pro se
CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS
(CAAP-13-0005313; S.P.P. NO. 13-1-0008(2))
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. 2014); see also Hawai'i Rules of Appellate Procedure (HRAP) Rule 36(b)(1) (2012),
IT IS HEREBY ORDERED that Petitioner/Petitioner-Appellant's application for writ of certiorari, filed August 12, 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 order, unless the time for filing the application is extended in accordance with this rule.").
DATED: Honolulu, Hawai'i, August 26, 2015. Scott B. Smith petitioner pro se
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Sabrina S. McKenna
/s/ Richard W. Pollack
/s/ Michael D. Wilson