Smith v. Smith

Annotate this Case

Download PDF

SCWC-13-0003520 Electronically Filed Supreme Court SCWC-13-0003520 22-SEP-2015 10:01 AM IN THE SUPREME COURT OF THE STATE OF HAWAI'I DIANE SMITH, Respondent/Petitioner-Appellee, vs. JAMES R. SMITH, Petitioner/Respondent-Appellant. CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS (CAAP-13-0003520; FC-DA NO. 13-1-0083) (By: ORDER DISMISSING APPLICATION FOR WRIT OF CERTIORARI Recktenwald, C.J., Nakayama, McKenna, Pollack and Wilson, JJ.) Petitioner/Respondent-Appellant James R. Smith’s application for writ of certiorari filed on August 31, 2015, was filed more than thirty days after the filing of the ICA’s July 17, 2015, judgment on appeal. The application is untimely and thus, this courts lacks appellate jurisdiction. See Hawai'i Revised Statutes § 602-59(c) (Supp. 2011); Hawai'i Rules of Appellate Procedure Rule 40.1(a). Therefore, IT IS HEREBY ORDERED that the application for writ of certiorari is dismissed. DATED: James R. Smith, petitioner pro se Honolulu, Hawai'i, September 22, 2015. /s/ Mark E. Recktenwald /s/ Paula A. Nakayama /s/ Sabrina S. McKenna /s/ Richard W. Pollack /s/ Michael D. Wilson

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.