Association of Condominium Homeowners of Tropics at Waikele v. Sakuma

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Electronically Filed Supreme Court SCWC-11-0000054 22-NOV-2011 09:51 AM NO. SCWC-11-0000054 IN THE SUPREME COURT OF THE STATE OF HAWAIÊ»I ASSOCIATION OF CONDOMINIUM HOMEOWNERS OF TROPICS AT WAIKELE, by its Board of Directors, Respondent/Plaintiff-Appellee, vs. PATSY NAOMI SAKUMA, Petitioner/Defendant-Appellant, and FIRST HAWAIIAN BANK, a HawaiÊ»i Corporation; and WAIKELE COMMUNITY ASSOCIATION, a HawaiÊ»i nonprofit corporation, Respondents/Defendants-Appellees. CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS (ICA NO. CAAP-11-0000054; CIV. NO. 07-1-1487) ORDER DISMISSING APPLICATION FOR WRIT OF CERTIORARI (By: Nakayama, Acting C.J., Acoba, Duffy, and McKenna, JJ. and Circuit Judge Perkins, in place of Recktenwald, C.J., recused) Petitioner/defendant-appellant Patsy Naomi Sakuma's application for writ of certiorari, filed on November 4, 2011, was filed more than ninety days after the filing of the ICA s August 3, 2011 dismissal order. The application is untimely. See HRS § 602-59(c) (Supp. 2010) ("An application for writ of certiorari may be filed with the supreme court no later than ninety days after the filing of the judgment or dismissal order of the intermediate appellate court."). Therefore, IT IS HEREBY ORDERED that the application for writ of certiorari is dismissed. DATED: Honolulu, HawaiÊ»i, November 22, 2011. /s/ Paula A. Nakayama /s/ Simeon R. Acoba, Jr. /s/ James E. Duffy, Jr. /s/ Sabrina S. McKenna /s/ Richard K. Perkins 2

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