NO. 27710
IN THE
SUPREME COURT OF THE STATE OF HAWAI`I
HEATHER WHITFIELD OUTLAW, formerly
known as
HEATHER KURPIS, Respondent/Plaintiff-Appellee
vs
PETER
KURPIS, Petitioner/Defendant-Appellant
CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS
(FC-D NO.
98-150K)
ORDER DENYING MOTION FOR
CORRECTION OF ERROR,
OR, IN THE ALTERNATIVE,
EXTENSION OF TIME
(By: Acoba, J.,
for the court
(1))
Upon consideration of Petitioner/Defendant-Appellant's Motion for
Correction of
Error, or, in the Alternative, Extension of Time, and the attachments
thereto, it
appears that the filing of an application for a writ of certiorari is
measured
from the filing of the judgment on appeal, not service of the judgment
on appeal,
and HRAP Rule 26(c) does not apply. It further appears that HRS §
602-59(c)
(Supp. 2006) does not authorize the appellate court to extend the
ninety-day
period for filing an application for a writ of certiorari. Therefore,
IT IS HEREBY
ORDERED that the motion is denied.
DATED: Honolulu,
Hawai`i, February 21, 2007.
1.
Considered by Moon,
C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.
'