In re M. Childen: BM

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Electronically Filed Supreme Court SCWC-11-0000153 21-JUN-2012 NO. SCWC-11-0000153 12:41 PM IN THE SUPREME COURT OF THE STATE OF HAWAI'I IN THE INTEREST OF M. CHILDREN: BM CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS (ICA NO. CAAP-11-0000153; FC-S NO. 08-11988) ORDER DISMISSING APPLICATION FOR WRIT OF CERTIORARI (By: Recktenwald, C.J., Nakayama, J., Circuit Judge Del Rosario, in place of McKenna, J., recused, and Circuit Judge Kim, assigned by reason of vacancy, with Acoba, J., dissenting separately) Petitioner/Appellant Mother s application for writ of certiorari, filed on May 8, 2012, was filed more than thirty days after the filing of the ICA s February 9, 2012 judgment on appeal. The application is untimely and thus, this court lacks appellate jurisdiction. Rule 40.1(a). See HRS § 602-59(c) (Supp. 2011); HRAP Therefore, IT IS HEREBY ORDERED that the application for writ of certiorari is dismissed. DATED: Honolulu, Hawai'i, June 21, 2012. Herbert Y. Hamada for petitioner Robert T. Nakatsuji, Deputy Solicitor General, for respondent /s/ Mark E. Recktenwald /s/ Paula A. Nakayama /s/ Dexter D. Del Rosario /s/ Glenn J. Kim

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