State v. Metro Club, Inc. (Order Denying June 8, 2009 Motion to Set Aside All Order entered in this Appeal and Dismiss Appeal for Lack of Appellate Jurisdiction)

            Plaintiff-Appellee, v. METRO CLUB, INC., a foreign corporation,
            and DAVID A. KERSH, individually and as an
            officer of METRO CLUB, INC., Defendants-Appellants, and
            METRO CLUB, INC., a Michigan corporation, and DAVID A.
            KERSH, Defendants/Third-Party Plaintiffs/Appellants,
            and INTERNATIONAL KITCHENS, a Hawai‘i corporation,
            WYMT, INC., dba FOGCUTTER RESTAURANT, a Hawai‘i
            corporation, TRATTORIA, C&W CORPORATION, dba KING TSIN,
            a Hawai‘i corporation, CHURCH'S FRIED CHICKEN, INC., a
            Texas corporation, GANNETT PACIFIC CORPORATION, dba
            HONOLULU STAR-BULLETIN, a foreign corporation, BETTER
            BUSINESS BUREAU OF HAWAII, INC., a Hawai‘i corporation,
            Third-Party Defendants

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT
(Civ. No. 00-0-63668)

ORDER DENYING JUNE 8, 2009 MOTION
TO SET ASIDE ALL ORDERS ENTERED IN THIS APPEAL
AND DISMISS APPEAL FOR LACK OF APPELLATE JURISDICTION
(By: Foley, Presiding Judge, Fujise and Leonard, JJ.)

Upon review of (1) Defendant/Third-Party Plaintiff/ Appellant David Kersh's (Appellant Kersh) June 8, 2009 motion to set aside all orders entered in this appeal and dismiss this appeal for lack of appellate jurisdiction, (2) the intermediate court of appeals' April 2, 2003 memorandum opinion in appellate court case number 24392, (3) Appellant Kersh's May 19, 2003 application for a writ of certiorari in appellate court case number 24392, (4) the supreme court's May 29, 2003 order denying Appellant Kersh's May 19, 2003 application for a writ of certiorari in appellate court case number 24392, and (5) the record, we note that "jurisdiction divests [from the intermediate court of appeals] to the supreme court upon an application for writ of certiorari[.]" Christiansen v. First Insurance Company of Hawaii, Ltd., 88 Hawai‘i 136, 140, 963 P.2d 345, 349 (1998) (holding, therefore, that the intermediate court of appeals erred by attempting to amend its opinion after a party applied for a writ of certiorari to the supreme court). Appellate court case number 24392 has concluded and is closed. The intermediate court of appeals does not have jurisdiction over appellate court case number 24392. Therefore,

IT IS HEREBY ORDERED that Appellant Kersh's June 8, 2009 motion to set aside all orders entered in this appeal and dismiss this appeal for lack of appellate jurisdiction is denied.