Opinion
No. SCWC-29993
January 18, 2011.
CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS (CR. NO. 08-1-0869)
Michael C. Tierney, appearing pro se, on the application.
ORDER DISMISSING APPLICATION FOR WRIT OF CERTIORARI
It appearing that the judgment on appeal in the above-referenced matter has not been entered by the Intermediate Court of Appeals,see Hawai'i Revised Statutes § 602-59(a) (Supp. 2008);see also Hawai'i Rules of Appellate Procedure (HRAP) Rule 36(b) (1) (2008),
IT IS HEREBY ORDERED that Petitioner/Defendant-Appellant's application for writ of certiorari, filed January 11, 2011, is dismissed without prejudice to re-filing the application pursuant to HRAP Rule 40.1(a) ("No later than 90 days after the filing of the intermediate court of appeals' judgment on appeal or dismissal order, any party may apply in writing to the supreme court for a writ of certiorari.").