National Interstate Insurance Company, Inc. v. Reinhardt

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Electronically Filed Supreme Court SCWC-14-0001066 03-MAY-2017 07:54 AM SCWC-14-0001066 IN THE SUPREME COURT OF THE STATE OF HAWAI'I NATIONAL INTERSTATE INSURANCE COMPANY, INC., Respondent/Petitioner-Appellee, vs. SAVIO REINHARDT, WILLIAM CORNELIO, JR., Respondents/Defendants-Appellees, and KAWIKA FRANCO, Individually and as Personal Representative for the Estate of TIARE FRANCO; PEACHES KONG and APPLES ELABAN, as Next Friends of LOVELY FRANCO (Minor); TAUA GLEASON, as Next Friend of KOLOMANA KONG KANIAUPIO GLEASON and KAULANA KONG KANIAUPIO GLEASON (Minors); and CHERYL RUSSELL, as Next Friend of JEANNE RUSSELL (Minor), Petitioners/Defendants-Intervenors-Appellants. CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS (CAAP-14-0001066; CIVIL NO. 13-1-0387(1)) ORDER DISMISSING APPLICATION FOR WRIT OF CERTIORARI (By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.) It appearing that although the Intermediate Court of Appeals (ICA) issued a Memorandum Opinion on March 31, 2017, the judgment on appeal had not been filed by the ICA at the time the application for writ of certiorari was filed, see Hawai'i Revised Statutes § 602-59(a) (Supp. 2013); see also Hawai'i Rules of Appellate Procedure (HRAP) Rule 36(b)(1) (2012), IT IS HEREBY ORDERED that Petitioners/Defendants­ Intervenors-Appellants’ application for writ of certiorari, filed April 27, 2017, is dismissed without prejudice to re-filing the application pursuant to HRAP Rule 40.1(a) (2014). (“The application shall be filed within thirty days after the filing of the intermediate court of appeals’ judgment on appeal or dismissal order, unless the time for filing the application is extended in accordance with this rule.”). DATED: Honolulu, Hawai'i, May 3, 2017. /s/ Mark E. Recktenwald /s/ Paula A. Nakayama /s/ Sabrina S. McKenna /s/ Richard W. Pollack /s/ Michael D. Wilson 2