Electronically Filed

Supreme Court

SCWC-11-0000054

22-NOV-2011

09:51 AM

NO. SCWC-11-0000054

IN THE SUPREME COURT OF THE STATE OF HAWAIʻI ASSOCIATION OF CONDOMINIUM HOMEOWNERS OF TROPICS AT WAIKELE, by its Board of Directors, Respondent/Plaintiff-Appellee,

vs.

PATSY NAOMI SAKUMA, Petitioner/Defendant-Appellant,

and

FIRST HAWAIIAN BANK, a Hawaiʻi Corporation; and WAIKELE COMMUNITY ASSOCIATION, a Hawaiʻi nonprofit corporation,

Respondents/Defendants-Appellees.

CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS

(ICA NO. CAAP-11-0000054; CIV. NO. 07-1-1487)

ORDER DISMISSING APPLICATION FOR WRIT OF CERTIORARI (By: Nakayama, Acting C.J., Acoba, Duffy, and McKenna, JJ. and Circuit Judge Perkins, in place of Recktenwald, C.J., recused)

Petitioner/defendant-appellant Patsy Naomi Sakuma's application for writ of certiorari, filed on November 4, 2011, was filed more than ninety days after the filing of the ICA’s August 3, 2011 dismissal order. The application is untimely. See HRS § 602-59(c) (Supp. 2010) ("An application for writ of certiorari may be filed with the supreme court no later than ninety days after the filing of the judgment or dismissal order of the intermediate appellate court."). Therefore,

IT IS HEREBY ORDERED that the application for writ of certiorari is dismissed.

DATED: Honolulu, Hawaiʻi, November 22, 2011.

/s/ Paula A. Nakayama

/s/ Simeon R. Acoba, Jr.

/s/ James E. Duffy, Jr.

/s/ Sabrina S. McKenna

/s/ Richard K. Perkins

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