Abordo v. State

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Electronically Filed Supreme Court SCWC-30254 07-JUL-2011 09:18 AM SCWC-30254 IN THE SUPREME COURT OF THE STATE OF HAWAI#I EDMUND M. ABORDO, Petitioner/Petitioner-Appellant, vs. STATE OF HAWAI#I, Respondent/Respondent-Appellee. CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS (S.P.P. NO. 09-1-0026; S.P. NO. 09-1-0426; CR. NO. 93-0737) ORDER DISMISSING APPLICATION FOR WRIT OF CERTIORARI WITHOUT PREJUDICE (By: McKenna, J., for the court1) It appearing that the judgment on appeal in the abovereferenced 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/PetitionerAppellant s application for writ of certiorari, filed on June 14, 2010, 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 1 Court: Recktenwald, C.J., Nakayama, Duffy, and McKenna, JJ., and Circuit Judge Ahn, in place of Acoba, J., recused. or dismissal order, any party may apply in writing to the supreme court for a writ of certiorari. ). DATED: Honolulu, Hawai#i, July 7, 2011. FOR THE COURT: /s/ Sabrina S. McKenna Associate Justice 2

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