                                                          Electronically Filed
                                                          Supreme Court
                                                          SCWC-16-0000590
                                                          29-SEP-2017
                                                          11:52 AM
                            SCWC-16-0000590

          IN THE SUPREME COURT OF THE STATE OF HAWAIʻI
________________________________________________________________

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

                                   v.

         RYAN K. STONE, Petitioner/Defendant-Appellant.
________________________________________________________________

           CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS
              (CAAP-16-0000590; CASE NO. 1DTA-15-04984)

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

       It appears that the Intermediate Court of Appeals had not

filed a judgment on appeal in the above-referenced matter at the

time the application for writ of certiorari was filed.        See

Hawaiʻi Revised Statutes § 602-59(a) (Supp. 2013); see also

Hawaiʻi Rules of Appellate Procedure (HRAP) Rule 36(b)(1) (2012).

       IT IS HEREBY ORDERED that Petitioner’s application for writ

of certiorari, filed September 22, 2017, is dismissed without

prejudice to re-filing the application pursuant to HRAP Rule

40.1(a) (2016) (“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, Hawaiʻi, September 29, 2017.

                              /s/   Mark E. Recktenwald

                              /s/   Paula A. Nakayama

                              /s/   Sabrina S. McKenna

                              /s/   Richard W. Pollack

                              /s/   Michael D. Wilson




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