State v. Metro Club, Inc.

Full title: STATE OF HAWAI'I, by its Office of Consumer Protection…

Court: Supreme Court of Hawaii

Date published: Sep 3, 2009

No. 24392 (Haw. Sep. 3, 2009)

Opinion

No. 24392

September 3, 2009.

CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS (CIV. NO. 00-0-63668)

By: MOON, C.J., for the court.¹

1 Considered by: Moon, C.J., Nakayama, Acoba, and Duffy, JJ. and Circuit Judge Trader, in place of Recktenwald, J., recused.

ORDER DISMISSING APPLICATION FOR WRIT OF CERTIORARI AND DENYING MOTION TO CONSOLIDATE

Petitioner/defendant and third-party plaintiff-appellant David A. Kersh's application for writ of certiorari, filed on August 5, 2009, seeks review of the June 17, 2009 and June 30, 2009 orders of the intermediate court of appeals. The June 17, 2009 and June 30, 2009 orders are post-judgment on appeal orders that are not reviewable by application for writ of certiorari. See HRS § 602-59(b) (Supp. 2008). Therefore, petitioner's application for writ of certiorari, filed on August 5, 2009, is dismissed. Petitioner's motion to consolidate No. 24392 with No. 29494, filed on August 5, 2009, is denied.