Woodard v. Tabanara

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Electronically Filed Supreme Court SCWC-30096 22-NOV-2011 09:45 AM NO. SCWC-30096 IN THE SUPREME COURT OF THE STATE OF HAWAI#I DAVID L. WOODARD, Petitioner/Plaintiff-Appellant, vs. EDWARD TABANARA and CITY AND COUNTY OF HONOLULU, Respondents/Defendants-Appellees. CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS (ICA NO. 30096; CIV. NO. 08-1-0132) ORDER DISMISSING APPLICATION FOR WRIT OF CERTIORARI (By: Recktenwald, C.J., Nakayama, Acoba, Duffy, JJ., and Circuit Judge To#oto#o, in place of McKenna, J., recused) Petitioner/Plaintiff-Appellant David L. Woodard s application for writ of certiorari, filed on October 12, 2011, was filed more than ninety days after the filing of the ICA s July 13, 2011 judgment on appeal. The application is untimely and thus, this court lacks appellate jurisdiction. 602-59(c) (Supp. 2010); HRAP Rule 40.1(a). See HRS § Therefore, IT IS HEREBY ORDERED that the application for writ of certiorari is dismissed. DATED: Honolulu, Hawai#i, November 22, 2011. Walter R. Schoettle on the application and reply for petitioner/plaintiffappellant. /s/ Mark E. Recktenwald Tracy S. Fukui on the response for respondents/ defendants-appellees. /s/ Simeon R. Acoba, Jr. /s/ Paula A. Nakayama /s/ James E. Duffy, Jr. /s/ Fa#auuga To#oto#o

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