* * * NOT FOR PUBLICATION * * *
in West's Hawai`i Reports and the Pacific Reporter
NO. 26463
IN THE
SUPREME COURT OF THE STATE OF HAWAI`I
STEPHANIE C. STUCKY, Petitioner/Plaintiff-Appellant,
vs.
PAUL R.
BROWN, in his official capacity as Interim
Superintendent,
Department of Education, State of
Hawai`i;
DEPARTMENT OF EDUCATION, STATE OF HAWAI`I;
ELIZABETH
AYSON, Individually and in her official
capapcity as
Principal, Iao Intermediate School;
NOEL KURAYA,
in his official capacity as an
employee of
Department of Education, State of
Hawai`i;
Respondents/Defendants-Appellees.
CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS
(CIV. NO.
99-0068(3))
SUMMARY DISPOSITION ORDER
(By: Moon,
C.J., Levinson, Nakayama, and Duffy, JJ.;
Acoba, J.,
Concurring and Dissenting Separately)
Petitioner/plaintiff-appellant Stephanie C. Stucky filed an
application for writ of certiorari on February 27, 2007,
(1) seeking
review of the Intermediate Court of Appeals' (ICA) summary disposition
order, filed November 13, 2006, and order
denying motion for reconsideration, filed November 30, 2006, (2) affirming the March 8, 2004 final
judgment of the Circuit
Court of the Second Circuit (3) in favor
of respondents/defendants-appellees Paul R. Brown, in his official
capacity as
Interim Superintendent, Department of Education, State of Hawaii;
Department of Education, State of Hawai`i; Elizabeth
Ayson, Individually and in her official capapcity as Principal, Iao
Intermediate School; Noel Kuraya, in his official capacity
as anemployee of Department of Education, State of Hawai`i.
Upon carefully
reviewing the record, including the briefs submitted, the application
for writ of certiorari, and the papers in
opposition thereto, and having given due consideration to the arguments
advanced therein and at oral argument,
IT IS HEREBY
ORDERED that the ICA's November 30, 2006 judgment on appeal is affirmed.
DATED: Honolulu,
Hawai`i, May 31, 2007.
Mary Blaine Johnston (on the
brief), for petitioner/
plaintiff-appellant
Kimberly Tsumoto Guidry
(Dorothy Seller, with her
on the brief), Deputy
Attorneys General, for
respondents/defendants-
appellees
1. Stucky's application was
accepted by this court on April 10, 2007, and oral arguments were held
on May 23, 2007.
2. The ICA's Judgment on Appeal
was filed November 30, 2006.
3. The Honorable Joseph E.
Cardoza presided over the underlying case.