Wheels of Justice, LLC v. Title Guaranty Escrow Services, Inc.

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SCWC-19-0000335 Electronically Filed Supreme Court SCWC-19-0000335 16-APR-2024 02:35 PM Dkt. 8 ODSAC IN THE SUPREME COURT OF THE STATE OF HAWAI I WHEELS OF JUSTICE, LLC, a Nevada limited liability company, Petitioner/Plaintiff-Appellant, vs. TITLE GUARANTY ESCROW SERVICES, INC.; ISLAND TITLE CORPORATION; CLINTON HINCHCLIFF, JR.; CLINTON HINCHCLIFF, SR.; and HINCHCLIFF INVESTMENTS LLC, Respondents/Defendants-Appellees. --------------------------------------------------TITLE GUARANTY ESCROW SERVICES, INC. and ISLAND TITLE CORPORATION, Respondents/Third-Party Plaintiffs, vs. NIMBLE LAND, INC., a Hawai i Corporation, Respondent/Third-Party Defendant. CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS (CAAP-19-0000335; CASE. NO. 3CC09100178K) ORDER DISMISSING APPLICATION FOR WRIT OF CERTIORARI (By: Recktenwald, C.J., McKenna, Eddins, and Devens, JJ., and Circuit Judge To oto o, in place of Ginoza, J., recused) 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(a) (2017); see also Hawai i Rules of Appellate Procedure (HRAP) Rule 36(b)(1) (2016), IT IS HEREBY ORDERED that Petitioner/Plaintiff-Appellant’s application for writ of certiorari, filed April 8, 2024, is dismissed without prejudice to re-filing the application pursuant to HRAP Rule 40.1(a) (2023) (“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, April 16, 2024. /s/ Mark E. Recktenwald /s/ Sabrina S. McKenna /s/ Todd W. Eddins /s/ Vladimir P. Devens /s/ Fa auuga L. To oto o 2

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