In re Arbitration between Association of Apartment Owners of International Colony Club v. Deigert

Electronically Filed Supreme Court SCWC-29827 20-JUN-2012 12:19 PM

NO. SCWC-29827

IN THE SUPREME COURT OF THE STATE OF HAWAI'I

In the Matter of the Arbitration between ASSOCIATION OF APARTMENT OWNERS OF INTERNATIONAL COLONY CLUB, Respondent/Petitioner-Appellee, vs.

DAN DEIGERT and EDITH DEIGERT, Individually and as Trustee of the Edith M. Deigert Revocable Living Trust dated April 22, 2006, Petitioners/Respondents-Appellants.

CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS (ICA NO. 29827; SP. NO. 09-1-0011(3))

ORDER DISMISSING APPLICATION FOR WRIT OF CERTIORARI (By: Recktenwald, C.J., Nakayama, Acoba, and McKenna, JJ., and Circuit Judge Crandall, assigned by reason of vacancy)

The application filed on May 10, 2012 by

Petitioners/Respondents-Appellants Dan Deigert and Edith Deigert,

Individually and as Trustee of the Edith M. Deigert Revocable

Living Trust dated April 22, 2006, was filed more than thirty days after the filing of the February 10, 2012 judgment on appeal filed by the Intermediate Court of Appeals. The application is untimely and thus, this court lacks appellate jurisdiction. See

HRS § 602-59(c) (Supp. 2011); HRAP Rule 40.1(a). Therefore, IT IS HEREBY ORDERED that the application for writ of certiorari is dismissed.

DATED: Honolulu, Hawai'i, June 20, 2012.

Charles H. Brower, /s/ Mark E. Recktenwald for petitioner /s/ Paula A. Nakayama John P. Manaut, and

Lindsay N. McAneeley, /s/ Simeon R. Acoba, Jr. (Carlsmith Ball LLP) for respondent /s/ Sabrina S. McKenna (on Affirmative Claims) /s/ Virginia L. Crandall Jonathan L. Ortiz, and

Wade J. Katano (Ortiz & Katano), for respondent (on Defense Claims)