Electronically Filed

Supreme Court

SCWC-XX-XXXXXXX

31-JUL-2020

01:22 PM

SCWC-XX-XXXXXXX

IN THE SUPREME COURT OF THE STATE OF HAWAIʻI

STATE OF HAWAIʻI,

Respondent/Plaintiff-Appellee,

vs.

MAGGIE KWONG, Petitioner/Defendant-Appellant.

CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS

(CAAP-XX-XXXXXXX; CASE NO. 1DTA-17-02539)

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

with Circuit Judge Ayabe, due to vacancy)

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 Hawaiʻi Revised Statutes § 602-59(a) (2017); see also Hawaiʻi Rules of Appellate Procedure (“HRAP”) Rule 36(b)(1) (2016),

IT IS HEREBY ORDERED that Petitioner’s application for writ of certiorari, filed July 23, 2020, is dismissed without prejudice to re-filing the application pursuant to HRAP Rule 40.1(a) (2017) (“The application shall be filed within 30 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, Hawaiʻi, July 31, 2020.

/s/ Mark E. Recktenwald

/s/ Paula A. Nakayama

/s/ Sabrina S. McKenna

/s/ Michael D. Wilson

/s/ Bert I. Ayabe

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