Electronically Filed Supreme Court SCWC-XX-XXXXXXX 26-MAY-2021 10:00 AM Dkt. 4 ODSAC

SCWC-XX-XXXXXXX IN THE SUPREME COURT OF THE STATE OF HAWAII

ASSOCIATION OF APARTMENT OWNERS OF HOLOLANI, by its Board of Directors, Respondent/Plaintiff-Appellee, vs. LIZ MILLER and DAN MILLER, Petitioners/Defendants-Appellants.

----------------------------------------------------- DANIEL P. MILLER and ELIZABETH A. MILLER, Petitioners/Counterclaimants-Appellants, vs. ASSOCIATION OF APARTMENT OWNERS OF HOLOLANI, a Hawai͑i nonprofit corporation, Respondent/Counterclaim Defendant-Appellee.

CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS (CAAP-XX-XXXXXXX; CIV. NO. 2CC061000249(3)) ORDER DISMISSING APPLICATION FOR WRIT OF CERTIORARI (By: Recktenwald, C.J., Nakayama, McKenna, Wilson, and Eddins, JJ.)

It appearing that the judgment on appeal in the above- referenced matters 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) (2017); see also Hawaii Rules of Appellate Procedure (HRAP) Rule 36(b)(1) (2016), IT IS HEREBY ORDERED that Petitioners’ application for writ of certiorari, filed on May 24, 2021, is dismissed without prejudice to re-filing the application pursuant to HRAP Rule 40.1(a) (2017). (AThe 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, May 26, 2021.

/s/ Mark E. Recktenwald /s/ Paula A. Nakayama /s/ Sabrina S. McKenna /s/ Michael D. Wilson /s/ Todd W. Eddins