Nguyen v. Yanagi

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Electronically Filed Supreme Court SCWC-15-0000030 13-APR-2018 12:19 PM SCWC-15-0000030 IN THE SUPREME COURT OF THE STATE OF HAWAI I ________________________________________________________________ TERI NGUYEN, Petitioner/Plaintiff-Appellant, v. LAUREL YANAGI, Respondent/Defendant-Appellee. ________________________________________________________________ CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS (CAAP-15-0000030; CASE NO. 3RC14-1-493K) ORDER DISMISSING APPLICATION FOR WRIT OF CERTIORARI (By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.) It appearing that the judgment on appeal in the abovereferenced matter not having been filed by the Intermediate Court of Appeals at the time the application for writ of certiorari was filed, see Hawai i Revised Statutes § 602-59 (2016); see also Hawai i Rules of Appellate Procedure (“HRAP”) Rule 36(b)(1) (2016), IT IS HEREBY ORDERED that Petitioner/PlaintiffAppellant Teri Nguyen’s application for writ of certiorari, filed on April 10, 2018, is dismissed without prejudice to refiling the application pursuant to HRAP Rule 40.1(a) (2016). (“The application shall be filed within 30 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, April 13, 2018. /s/ Mark E. Recktenwald /s/ Paula A. Nakayama /s/ Sabrina S. McKenna /s/ Richard W. Pollack /s/ Michael D. Wilson 2