Electronically Filed Supreme Court SCWC-10-0000126 22-SEP-2014 01:34 PM

SCWC-10-0000126

IN THE SUPREME COURT OF THE STATE OF HAWAI'I _________________________________________________________________ JAMES LAURETA RETUTAL, Petitioner/Plaintiff-Appellant,

v.

SARAH KAMAILE RETUTAL, now known as Hatori, Respondent/Defendant-Appellee. _________________________________________________________________ CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS (CAAP-10-0000126; FC-D NO. 09-1-1130)

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

It appearing that the judgment on appeal in the above-

referenced 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) (Supp. 2013); see also Hawai'i Rules of Appellate Procedure (HRAP) Rule 36(b)(1) (2012),

IT IS HEREBY ORDERED that Petitioner’s application for

writ of certiorari, filed September 16, 2014, is dismissed

without prejudice to re-filing the application pursuant to HRAP

Rule 40.1(a) (2014) (“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, September 22, 2014.

Scot Stuart Brower /s/ Mark E. Recktenwald for petitioner /s/ Paula A. Nakayama

/s/ Sabrina S. McKenna

/s/ Richard W. Pollack

/s/ Michael D. Wilson