NO. 26904



IN THE SUPREME COURT OF THE STATE OF HAWAI`I





BRYON ALLEN, Petitioner-Appellant,


vs.


LAHAINA YACHT CLUB, and FIREMAN'S FUND INSURANCE CO.,
Respondents-Appellees.





CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS
(CASE NO. AB 2001-323(M) (7-97-01046)





ORDER DISMISSING APPLICATION FOR WRIT OF CERTIORARI
AS UNTIMELY
(By: Nakayama, J., for the court (1))

Petitioner-Appellant's application for writ of certiorari filed on August 16, 2007, is hereby dismissed as untimely.

DATED: Honolulu, Hawai`i, August 22, 2007.



Kevin H.S. Yuen, for
for petitioner-appellant,
on the application




1.    Considered by: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.