Electronically Filed Supreme Court SCWC-30507 05-MAR-2012 02:38 PM

NO. SCWC-30507

IN THE SUPREME COURT OF THE STATE OF HAWAI'I

STATE OF HAWAI'I, Respondent/Plaintiff-Appellee,

vs.

DAVID SCRIVNER, Petitioner/Defendant-Appellant.

CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS (ICA NO. 30507; S.P.P. 07-1-00032)

ORDER DISMISSING APPLICATION FOR WRIT OF CERTIORARI (By: Recktenwald, C.J., Nakayama, Acoba, Duffy, and McKenna, JJ.)

It appearing that the judgment on appeal in the above- referenced matter has not been entered by the Intermediate Court of Appeals, see Hawai'i Revised Statutes § 602-59(a) (Supp. 2008); see also Hawai'i Rules of Appellate Procedure (HRAP) Rule 36(b)(1) (2008), IT IS HEREBY ORDERED that Petitioner/Defendant­ Appellant’s application for writ of certiorari, filed February

28, 2012, is dismissed without prejudice to re-filing the

application pursuant to HRAP Rule 40.1(a) (“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, March 5, 2012.

Walter J. Rodby, /s/ Mark E. Recktenwald for petitioner/ defendant-appellant, /s/ Paula A. Nakayama on the application. /s/ Simeon R. Acoba, Jr. /s/ James E. Duffy, Jr. /s/ Sabrina S. McKenna