IN THE SUPREME COURT OF THE STATE OF HAWAI'I
In the Matter of the Arbitration between
ASSOCIATION OF APARTMENT OWNERS OF INTERNATIONAL COLONY CLUB,
DAN DEIGERT and EDITH DEIGERT, Individually and as Trustee of the
Edith M. Deigert Revocable Living Trust dated April 22, 2006,
CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS
(ICA NO. 29827; SP. NO. 09-1-0011(3))
ORDER DISMISSING APPLICATION FOR WRIT OF CERTIORARI
(By: Recktenwald, C.J., Nakayama, Acoba, and McKenna, JJ.,
and Circuit Judge Crandall, assigned by reason of vacancy)
The application filed on May 10, 2012 by
Petitioners/Respondents-Appellants Dan Deigert and Edith Deigert,
Individually and as Trustee of the Edith M. Deigert Revocable
Living Trust dated April 22, 2006, was filed more than thirty
days after the filing of the February 10, 2012 judgment on appeal
filed by the Intermediate Court of Appeals.
The application is
untimely and thus, this court lacks appellate jurisdiction.
HRS § 602-59(c) (Supp. 2011); HRAP Rule 40.1(a).
IT IS HEREBY ORDERED that the application for writ of
certiorari is dismissed.
Honolulu, Hawai'i, June 20, 2012.
Charles H. Brower,
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
John P. Manaut, and
Lindsay N. McAneeley,
(Carlsmith Ball LLP)
(on Affirmative Claims)
/s/ Simeon R. Acoba, Jr.
/s/ Sabrina S. McKenna
/s/ Virginia L. Crandall
Jonathan L. Ortiz, and
Wade J. Katano
(Ortiz & Katano),
(on Defense Claims)