                                                          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 





                                   2

