Electronically Filed Supreme Court NO. 28690 28690 07-OCT-2010 #I IN THE SUPREME COURT OF THE STATE OF HAWAI01:40 PM

JEFFREY SMITH and LAUREL SMITH, Petitioners/Plaintiffs-Appellees, vs. HEINZ-GUENTHER PINK, Respondent/Defendant-Appellant.

CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS (CIVIL NO. 1RC07-1-0711) ORDER REJECTING APPLICATION FOR WRIT OF CERTIORARI (By: Recktenwald, C.J., for the court1) Petitioners/Plaintiffs-Appellees Jeffrey Smith and Laurel Smith’s application for writ of certiorari filed on August 24, 2010, is hereby rejected. Insofar as Respondent/ Defendant-Appellant’s Answer to Writ of Certiorari filed on September 7, 2010, can be construed as an application for writ of certiorari, it is also rejected.

DATED: Honolulu, Hawai#i, October 7, 2010.

FOR THE COURT:

Chief Justice Michael P. Kalish on the application for petitioners/plaintiffs- appellees.

Heinz-Guenther Pink, pro se, on the answer for respondent/defendant- appellant.

Considered by: Recktenwald, C.J., Nakayama, Acoba, and Duffy, JJ., and Circuit Judge Trader, assigned by reason of vacancy.